Rules for provision utilities the content and procedure for concluding a service contract are regulated in great detail residential buildings, provision and accounting of utilities. The main responsibility for activities in this direction rests with management companies. For each type of utility service, two payments are introduced: for consumption directly inside the apartment and for consumption for general house needs. Measures for the maintenance of common property include measures for energy saving, installation and reading of metering devices, as well as maintenance costs information systems according to accounting. These payments are entered on the payment receipt as a separate line. The resolution determines general order concluding an energy service agreement in residential buildings with payment for its results separately from payment for utilities.

On May 23, information was published on the approval of new Rules for the provision of utility services. New Rules have been introduced. With the entry into force of the new Rules, the Government Decree repeals Decree No. 307 of 05.23.2006 and makes significant changes to Government Decrees No. 306 of 05.23.2006 and No. 491 of 08.13.2006. The new Rules are not introduced immediately, but 2 months after changes are made to the procedure for establishing and determining standards for the consumption of utility services in Government Decree No. 306 of May 23, 2006. The Russian Ministry of Regional Development has been instructed to prepare changes to this document within the next three months.

The rules for the provision of utility services regulate in great detail the content and procedure for concluding an agreement for the maintenance of residential buildings and the provision and accounting of utility services. The main responsibility for activities in this direction rests with management companies. In terms of concluding contracts, the Resolution quite strictly establishes the condition for the content of contracts: if the consumer has concluded an agreement with a management company that does not comply with the conditions of the new Rules, then the provisions of Government Resolution No. 354 of 05/06/2011 are considered the current norm.

For each type of utility service, two payments are introduced: for consumption directly inside the apartment and for consumption for general house needs. At the same time, a standard for the consumption of utilities for general house needs in an apartment building is being introduced. This will streamline calculations in cases where there is no collective metering device.

The liability of the defaulter has been tightened. Now, restrictions on the provision of utility services may occur not in 6 months, as now, but in 3 months.

Consumers are given the opportunity to enter into direct contracts with resource supply organizations for the provision of utility services.

Algorithms for payment for utility services have been completely revised, both in the presence of metering devices and in their absence. The rule has been excluded when, at the end of the year, the entire annual imbalance of consumption in an apartment building was distributed to consumers who have individual metering devices installed.

The actual operator of reading meter readings and the organizer of their operation becomes Management Company. The management company also becomes an intermediary in recording facts of violation of the quality of provided public services.

Measures for the maintenance of common property include measures for energy saving, installation and reading of metering devices, as well as the costs of maintaining accounting information systems. These payments are entered on the payment receipt as a separate line.

The resolution defines the general procedure for concluding an energy service agreement in residential buildings with payment for its results separately from payment for utilities. The form of the energy service agreement itself should be developed within the next 5 months by the Ministry of Regional Development and the Ministry of Economic Development.

Everyone knows that managing housing and communal services (abbreviated as housing and communal services) is a rather troublesome and time-consuming matter. Russian legislation contains an extensive database of documents regulating this industry economic activity. However, now all bills relating to the housing and communal services sector are changed and finalized almost every month in order to build a clear system of control over work utility organizations. In this article, we will take a closer look at issues related to government bill No. 354 on public services and understand how the amount of payment for electricity, water supply, heating is calculated and what formula is used to recalculate heating costs using a common house meter.

The key document regulating the relationship between utility services and residents of houses is considered to be Order of the Government of the Russian Federation No. 307 on the basic rules for the provision of utility services to tenants, which came into force in Russia in May 2006. Changes and additions to this bill were made regularly until 2011. It was this year that another Decree No. 354 “On the provision of public services” was issued, after which the previous law of 2006 lost its force. Law No. 354 Russian Federation regulates the accounting of resources supplied to the population such as water, electricity, heat, and so on. December 2014 brought new changes to the configuration of this document. In its new edition, all the above points were taken into account and added additional information. In 2015, new changes were made to the Rules, which primarily affected those citizens who own privatized housing, but have not yet taken care of installing communal and personal accounting devices.

About utilities

Resolution No. 354 is a rather voluminous document, consisting of 17 main ones, which in turn include 161 points. Despite the sincerely clerical name of Bill No. 354, all tenants need to familiarize themselves with it. The first section of this resolution reveals the purpose of the entire document. In particular, that it was created to regulate the relationship between service providers and their consumers. The approved rules thoroughly explain the procedure for accrual, recalculation, distribution and payment for housing and communal services, both taking into account the readings of counting devices and without them.

For heating

Based on the Federal Code, we can highlight the main provisions on the basis of which the owner of a living space can urgently request a recalculation for the service used. For example, the document stipulates that the lowest temperature in residential premises apartment buildings V winter period should not drop below +18º C, and throughout heating season. For rooms located in corner apartments buildings, this indicator should not fall below +20º C. If a certain region of Russia has an average daily temperature of -31º C or lower, then the above characteristics increase by another +2º C.

In the event of a temporary emergency shutdown of the system, equipment repairs must be carried out very quickly, and total The hours allotted to the contractor to shut down the system should not exceed 24 hours (total for the month).

For electricity

The calculation of the ODN electricity tariff began after the order of the Russian government dated May 23, 2006. On September 1, 2012, new rules for providing com. services to owners of apartment buildings.

General household needs in Resolution 354 - to pay or not to pay?

General building needs, as a rule, are not correctly interpreted by apartment residents. Almost everyone believes that this receipt includes payment for light, light bulbs in the entrances and water consumed for the technical needs of the entire building. However, in addition to the listed expense items, ODN also include a whole host of expense items that are sometimes not necessary for maintaining a home.

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

Recalculation for heating according to the common house meter according to Resolution 354 occurs according to the following formula:

V one = V house – V account – V norm, where:

• V ODN - the volume of general needs for the home;
• V house – volume according to the OD counter;
• V account – the sum of volumes in apartments according to individual counting devices;
• V standards – the sum of standards in apartments that do not have measuring devices.

Clause 44 354 of the resolution

Clause 44 of Resolution No. 354 determines that the amount of payment for a room should be calculated. the service for the ODN in an apartment building containing common building meters is required according to formula 10 of Appendix No. 2 as amended on April 16, 2013. A link to the entire bill with appendices is given below.

Decree 354 as last amended 2016

Law No. 354 c latest changes 2016, applications and comments can be downloaded free of charge and in the public domain.

Similar questions

A citizen of the Russian Federation (each individual) is a consumer of state resources: water (for hot and cold), electricity, etc. The basis for access is an agreement concluded with an enterprise, in this case a utility company (it is also the contractor). The possibility of recalculation for the absence of such is guaranteed, a temporary restriction of access can be approved, etc. - the Housing Code regulates the process more specifically.

According to established standards 354 of the Government of the Russian Federation (regulates relations along with housing complexes), each citizen is given the opportunity and right to recalculate payments for services (in this case, utilities). The new edition and the latest changes to it provide the most comprehensive answers to all questions of interest to owners and simply users of premises/buildings (apartment buildings). The legal guarantor is the state itself, regardless of the city/region, for example, for Moscow it is the MOP.

with latest changes 2016

The creation of Resolution 354 of the Government of the Russian Federation dates back to 2011 (May-June). Just like other legislative acts, it requires the introduction of amendments that are relevant today (based on the reality in housing and communal services), which are made on an annual basis without reference to the period (can be introduced/planned for both January and May).

The new version of the law (latest changes) came into force in early January current year(were introduced at the very end of last 2015).

General household needs - to pay or not to pay according to Resolution 354

According to the latest changes, general house electricity needs are also affected by Government Decree No. 354 (clause 44). Now:

The coefficients of drainage standards have been revised (recalculation is being carried out);
the regulation on the installation of specialized meters was approved;
proposals to reduce these tariffs are being considered (reduction by approximately 10-15%);
measures are being taken to stimulate organizations/enterprises (housing and communal services) providing different kinds services (utilities) relevant for users of houses (apartment buildings), etc.

Changes in housing and communal services

354 Decree of the Government of the Russian Federation regulates consumer standards for resources and their subsequent payment for owners/users of premises (residential). The new edition clarifies when charges begin for the full package or a separate part of it for utility services. The latest changes clarify: the force of calculation begins to operate from the moment of entry into any premises or apartment building.

Calculation of the amount of payment for utility services - Resolution 354

354 Federal Law of the Government of the Russian Federation regulates the procedure for the distribution of accounts. There are also instructions there: every citizen (user of an apartment building) is obliged to provide meter readings to employees every month (payment must also be made monthly).

Heating recalculation

If we look in more detail at Federal Law 354 of the Government of the Russian Federation (new edition), it becomes clear that the tariffs for premises/apartment buildings are planned to be reduced (the size of the discount depends on the region). In the current version (latest changes), the procedure for paying for utility services has been significantly simplified, for example, payments for heat are now made according to a special system (simplified).

Payment for utilities

354 Decree of the Government of the Russian Federation on utility services (current edition, latest changes) includes a special appendix, which describes in detail recommendations on calculation standards (the formula for adjusting data (clause 44, paragraph 2), rules and regulations has been replaced). Measures to control use/consumption have been tightened, and the current version provides special instructions regarding the installation of counting equipment (meters).

Decree 354 as last amended 2016 on public services

You can get acquainted with the current text upon request “354 Resolution of the Government of the Russian Federation on the recalculation/calculation of payments for services (utilities) for citizens” on our resource (website) or download in a convenient online mode and completely free of charge

Irina, good afternoon!

The practice is very extensive - here, for example, is one definition.

SUPREME COURT OF THE REPUBLIC OF ALTAI

Board of Appeal for civil cases The Supreme Court of the Altai Republic composed of:

presiding officer - Solopova I.V.,
judges - Krasikova O.E., Chertkova S.N.,
under the secretary - T.K.,
considered at the court hearing the case on the appeal of Shch.S. on the decision of the Gorno-Altai City Court of the Altai Republic dated<дата>, which decided
open claim joint stock company"Altaienergosbyt" to satisfy.
To recover in favor of the open joint-stock company Altaienergosbyt from Shch.S. total debt<данные изъяты>, expenses for paying state duty<данные изъяты>.
Having heard the report of judge S.N. Chertkov, the appeal board

installed:

OJSC Altaienergosbyt filed a lawsuit against Shch.S. on debt collection under the act of unaccounted for electricity consumption. The plaintiff’s demands are motivated by the fact that a relationship has been established with the defendants regarding the supply of electrical energy and a contract has been concluded public contract energy supply.<дата>employees of the network organization MUP "Gorelektroseti" checked the electricity meter type<данные изъяты>, as a result of which violations were identified, about which a report was drawn up on unaccounted electricity consumption from<дата>N.<дата>employees of the network organization MUP "Gorelektroseti" carried out a repeated check of the electricity meter type<данные изъяты>, as a result of which violations were identified, about which an act on unaccounted electricity consumption N was drawn up. According to acts N from<дата>and N from<дата>calculations were made, the total amount of debt under acts of unaccounted electricity consumption is<данные изъяты>. Based on the above, the plaintiff requests to recover from the defendant the debt under acts of unaccounted consumption in the specified amount, as well as to recover the costs of paying the state duty.
The court made the above decision, the cancellation of which and the adoption of a new resolution to refuse to satisfy the claims in the appeal request Shch.S., indicating that the court incorrectly applied the norms of substantive law. The court of first instance did not take into account that neither the plaintiff nor the third party presented evidence confirming the notification of consumer Shch.S. about the date and time of access to the contractor’s residential premises to check the metering device. Accordingly, Acts N and N on unaccounted consumption were drawn up in violation of the procedure provided for by law, and therefore cannot be admissible evidence indicating unaccounted consumption of electricity. The fact that he was present when drawing up the acts<данные изъяты>Shch.S. - Shch.Yu. does not matter, since Shch.Yu. at the time of inspection of the metering device, he did not have a properly executed power of attorney allowing him to act on behalf of the consumer Shch.S. and consumer Shch.S. was not properly notified of the time of the inspections. In a residential building at:<адрес>, where the meter is located, Shch.Yu lives. with my family. The appellant did not live in the residential building at the specified address at the time of the inspections. Shch.S. and Shch.Yu. They are not members of the same family in relation to each other, they do not lead a common household. In addition, calculations to Act N for the period from<дата>By<дата>and to Act N for the period from<дата>By<дата>, the appellant considers to be incorrect. When determining the period for which unaccounted consumed electricity is subject to recovery, the court of first instance did not take into account the provisions of paragraph. 3 clause 195 of the Basic provisions for the functioning of retail electricity markets, approved by the Decree of the Government of the Russian Federation dated<дата>N 442. Last check of the metering device before drawing up act N dated<дата>Was held<дата>. Since, as established in clause 83 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings approved by the Decree of the Government of the Russian Federation dated<дата>N verification activities in relation to the metering device were not carried out by the network organization, then the starting date from which, within the meaning of clause 195 of the Basic Provisions, the volume of unmetered electricity consumption is calculated will be<дата>. In a similar manner, the calculation of debt under Act No. dated<дата>, and since the last check of the metering device before drawing up this Act was carried out<дата>, then the initial date for accrual of the volume of unaccounted electricity consumption will be<дата>. Thus, according to Act N, the debt is for the period from<дата>By<дата>and amounts to<данные изъяты>, and according to Act N for the period from<дата>By<дата> - <данные изъяты>. The conclusion of the court of first instance that the claim was satisfied in the amount<данные изъяты>cannot be recognized as corresponding to the norms of substantive law and the actual circumstances of the case.
After checking the case materials, discussing the arguments of the appeal, hearing Shch.S. and his representative T.A., who supported the appeal, the appeal board finds no grounds for canceling the court ruling in the case on the following grounds.
According to Part 1 of Art. 327.1 of the Code of Civil Procedure of the Russian Federation, the appellate court considers the case within the limits of the arguments set out in the appeal, presentation and objections to the complaints, presentation. Otherwise it would contradict the dispositive principle civil proceedings, arising from the peculiarities of controversial legal relations, the subjects of which exercise their rights at their own discretion, arbitrary interference in which, by virtue of the provisions of Articles 1, 2, 9 of the Civil Code of the Russian Federation, is unacceptable.
In accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation, the content of which should be considered in the context of the provisions of paragraph 3 of Art. 123 of the Constitution of the Russian Federation and Art. 12 of the Code of Civil Procedure of the Russian Federation, which establishes the principle of adversarial civil proceedings and the principle of equality of parties, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.
As follows from the case materials and established by the court of first instance, a residential building located at the address:<адрес>(currently<адрес>) belongs by right of common ownership to Shch.S. Shch.S. registered at the place of residence in the specified residential building.
In accordance with Art. 539 of the Civil Code of the Russian Federation, under an energy supply agreement, the energy supplying organization undertakes to supply energy to the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy, as well as to comply with the regime of its consumption stipulated in the agreement, to ensure the safe operation of the energy networks under its control and the serviceability of the devices used by it and equipment related to energy consumption (Part 1).
In accordance with Part 1 of Art. 540 of the Civil Code of the Russian Federation, in the case where the subscriber under an energy supply contract is a citizen who uses energy for domestic consumption, the contract is considered concluded from the moment the subscriber is first actually connected in the prescribed manner to the connected network.
A public contract for energy supply for household consumption was concluded between the plaintiff and the defendant, addressed to the subscriber Shch.S. personal account No. 130215186 was opened, the defendant is connected to the networks of Altaienergosbyt OJSC. From the consumer card Shch.S. It follows that the actual relations for the supply of electrical energy between the parties have developed since 2008. This fact is also confirmed by the supply of electricity to the specified residential premises, and payment for it by the defendant.
By virtue of Part 1 of Art. 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with energy accounting data, unless otherwise provided by law, other legal acts or agreement of the parties.
By virtue of Part 1 of Art. 543 of the Civil Code of the Russian Federation, the subscriber is obliged to ensure the proper technical condition and safety of the operated energy networks, devices, equipment, and to comply with set mode energy consumption, as well as immediately inform the energy supplying organization about accidents, fires, malfunctions of energy metering devices and other violations that occur during the use of energy.
According to Part 3 of Art. 543 of the Civil Code of the Russian Federation, the requirements for the technical condition and operation of energy networks, devices and equipment, as well as the procedure for monitoring their compliance, are determined by law, other legal acts and mandatory rules adopted in accordance with them.
In accordance with Part 1 of Art. 547 of the Civil Code of the Russian Federation, in cases of non-fulfillment or improper fulfillment of obligations under an energy supply contract, the party that violated the obligation is obliged to compensate for the real damage caused by this (Part 2 of Article 15).
By virtue of clauses 192 - 193 clause 2 of the Basic provisions for the functioning of retail electricity markets, complete and (or) partial restrictions on the regime of electricity consumption, approved by Decree of the Government of the Russian Federation N 442 of 05/04/2012 upon the fact of identified unaccounted or non-contractual consumption of electrical energy, the network organization draws up a report on unaccounted consumption of electrical energy.
It follows from these norms that the fact of unmetered electricity consumption is subject to recording in the manner established by the Basic Provisions for the Functioning of Retail Electricity Markets, approved by Decree of the Government of the Russian Federation of May 4, 2012 N 442.
A document confirming the fact of unmetered electricity consumption, in accordance with these provisions, is the corresponding act.
In accordance with Art. 13 of Federal Law N 261-FZ of November 23, 2009 “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation”, produced, transmitted, consumed energy resources are subject to mandatory accounting using metering devices for energy resources used. Payments for energy resources must be made on the basis of data on the quantitative value of energy resources produced, transmitted, consumed, determined using metering devices for energy resources used.
Clause 1.2.2 of the Rules technical operation electrical installations of consumers, approved by Order of the Ministry of Energy of the Russian Federation dated January 13, 2003 N 6, it is stipulated that the consumer is obliged to ensure the maintenance of electrical installations in working order and their operation in accordance with the requirements of the rules and other regulatory and technical documents.
The rules for metering electrical energy approved by the Ministry of Fuel and Energy of the Russian Federation on September 19, 1996 define metering means: metering means - a set of devices that provide measurement and metering of electricity ( instrument transformers current and voltage, electric energy meters, telemetric sensors, information-measuring systems and their communication lines) and interconnected via established scheme.
In accordance with clause 2.1 of the Electricity Accounting Rules, the main purpose of electricity metering is to obtain reliable information on the production, transmission, distribution and consumption of electrical energy in the wholesale and retail electricity markets.
Means for metering electrical energy and monitoring its quality must be protected from unauthorized access to eliminate the possibility of distortion of measurement results, as specified in paragraphs. 3.5 clause 3 of the Electricity Accounting Rules dated September 19, 1996.
From clause 81 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, it follows that equipping residential or non-residential premises with metering devices, putting installed metering devices into operation, their proper technical operation, safety and timely replacement must be ensured by the owner of residential or non-residential premises.
In accordance with clause 145 of the Basic Provisions, the obligation to ensure the operation of an installed and approved metering device, the safety and integrity of the metering device, as well as seals and (or) signs visual control, taking and storing its readings, and timely replacement rests with the owner of such a metering device. At the same time, the operation of a metering device for the purposes of this document means the performance of actions that ensure the functioning of the metering device in accordance with its purpose at the entire stage of its operation. life cycle from the day it is put into operation until it fails, including inspections of the metering device, Maintenance(if necessary) and conducting timely verification.
In accordance with clause 2.11.17 of the Rules for the technical operation of consumer power installations, the consumer is obliged to immediately notify the energy supplying organization about all defects or cases of failure in the operation of calculated electricity meters. The consumer is responsible for the safety of the billing meter, its seals and for the compliance of electricity metering circuits with established requirements.
Consequently, the responsibility for ensuring the operation of an installed and approved metering device, the safety and integrity of the metering device, as well as seals and (or) visual control signs, taking and storing its readings, and timely replacement rests with the owner of such a metering device.
Within the meaning of the above standards, a break in the connection in the form of twists at the input to the metering device, a change in the connection diagram (zero on the first terminal, phase on the third terminal), a malfunction of the metering device, the absence of a seal on the terminal cover, the presence of access to live parts up to the metering device, is the basis for recognizing electricity consumption as unaccounted for, since there is no objective possibility of determining the actual consumption of electricity by a subscriber.
According to the act to the electricity supply agreement from<дата>with household consumer Shch.S., a calculated electric meter was installed and registered in the defendant’s house<данные изъяты>with filling<данные изъяты>, the electric meter is on correct scheme.
Shch.S. is a subscriber of an energy supplying organization and, due to the above-mentioned legal requirements, is obligated to pay for the energy received, comply with safety rules when using energy, and maintain in good working order the indoor electrical wiring, relevant devices and appliances related to energy consumption.
<дата>employees of the municipal unitary enterprise "Gorelektroseti" checked the metering device for electrical energy consumption in a residential building at the address:<адрес>and act N on unaccounted electricity consumption was drawn up. When examining a metering device installed in a residential building, unmetered consumption was recorded, which resulted in a broken connection in the form of twists at the input to the metering device, the connection diagram was changed (zero on the first terminal, phase on the third terminal), the metering device is faulty (the digital display is not displayed), there is access to live parts up to the meter.
Also, according to Act No. on unaccounted electricity consumption, the room and kitchen are used, the number of residents<данные изъяты>, installed: microwave oven and electric kettle, there are 3 sockets and 4 light bulbs, the electric meter data is given:<данные изъяты>. Signatures of the person who drew up the act and the consumer representative Shch.Yu. there are, according to the explanation of which: “I contacted to replace the meter, they told the owner to come.”
<дата>A representative of the municipal unitary enterprise "Gorelektroseti" drew up act No. on unaccounted electricity consumption for individuals on the fact of violation of the rules for metering electrical energy in the home of consumer Shch.S. by the address:<адрес>, expressed in the following: on the input wire to the metering device there are two breaks, one of which is under the shield where the metering is installed, on each core in the form of twists, the other is a break before passing through the wall from the street side; change in connection diagram (zero on the first terminal, phase on the third terminal), the meter is not working properly, there is no seal on the terminal cover, there is access to live parts up to the meter. The act indicates that the room and kitchen are being used, the number of residents<данные изъяты>, installed: microwave oven, electric kettle, refrigerator, there are 3 light bulbs, electric meter data is given:<данные изъяты>. Signatures of the person who drew up the act and the consumer representative Shch.Yu. there are, according to the explanations of which: “the owner is the father, all problems regarding the house are decided by the father.”
In accordance with paragraphs 192, 193 of the Basic provisions for the functioning of retail electricity markets, approved by Decree of the Government of the Russian Federation dated 04.05.2012 N 442 “On the functioning of retail electricity markets, complete and (or) partial limitation of the mode of consumption of electrical energy” (hereinafter according to the text - Basic provisions) upon the discovery of unaccounted or non-contractual consumption of electrical energy by a network organization, a report on unaccounted-for consumption of electrical energy is drawn up, which must contain information about the person carrying out the unaccounted or non-contractual consumption of electrical energy; on the method and place of unaccounted or non-contractual consumption of electrical energy; about metering devices at the time of drawing up the report; about the date of the previous check of metering devices - in case of detection of unmetered consumption, the date of the previous check technical condition electric grid facilities in the place where non-contractual consumption of electrical energy is detected - in case of detection of non-contractual consumption; explanations of the person carrying out unmetered or non-contractual consumption of electrical energy regarding the identified fact; comments to the drafted act (if any).
As follows from the Acts on unaccounted electricity consumption N from<дата>and N from<дата>, they were compiled based on the discovery of unauthorized interference in the operation of the meter, which resulted in distortion of the readings of such a meter. These circumstances were not denied by the defendant, and therefore the appeal board concludes that in this case there was an unauthorized connection.
Since the meter installed in the defendant’s house did not properly account for electricity, the energy supply organization had the right not to take its readings into account when determining the amount of payment for consumed electricity.
If there is an act on unaccounted consumption of electrical energy, the supplier of last resort has the right to make a claim to the consumer for reimbursement of the cost of the identified volume of unaccounted consumption of electrical energy.
It is impossible to agree with the argument of the complaint that the amount of debt calculated on the basis of the acts is incorrect.
By virtue of paragraph 172 of the Basic Provisions No. 442, checks of calculated metering devices are carried out at least once a year.
The provisions of clauses 82, 83 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) establish that checks of metering devices must be carried out by the contractor at least once a year, and if the metering devices being checked are located in the consumer’s residential premises, then no more than once every 6 months.
According to clause 195 of the Basic Provisions, the volume of unmetered consumption of electrical energy is determined using the calculation method provided for in subparagraph “a” of paragraph 1 of Appendix No. 3 to this document. The volume of unaccounted consumption of electrical energy (power) is determined from the date of the previous control check metering device (if such a check was not carried out within the planned time frame, it is determined from the date no later than which it should have been carried out in accordance with this document) until the date of identification of the fact of unaccounted consumption of electrical energy (power) and the drawing up of an act on unaccounted electrical energy consumption.
In accordance with clause 62 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), if the date of unauthorized connection or interference with the operation of the meter cannot be determined, then additional accrual must be made starting from the date of the previous inspection by the contractor, but no more than 6 months preceding the month in which unauthorized connection or interference with the operation of the meter was detected.
According to the calculation of the volume of unaccounted for consumed electricity according to Act No.<дата>in 6 months (from<дата>floor<дата>) for electrical appliances owned by the consumer: microwave ovens, power 1.25 kW; electric kettle, power 2.0 kW, payable<данные изъяты>.
According to the calculation of the volume of unaccounted for consumed electricity to Act N for the period from<дата>By<дата>for electrical appliances owned by the consumer: microwave ovens, power 0.60 kW; electric kettle, power 2.0 kW; refrigerator, power 0.12 kW, payable<данные изъяты>.
The defendant did not present evidence to the court confirming the need to use other values ​​when calculating the cost of unmetered electricity consumption.
Taking into account the above-mentioned legal norms, taking into account that the electricity meter did not meet the established requirements and during the disputed period proper accounting of consumed energy was not carried out, the calculations of unaccounted consumption of Shch.S. presented in the case materials. of electrical energy are legitimate, drawn up no more than six months prior to the inspection, and therefore the arguments of the complaint in this part are untenable.
The Board of Appeal cannot agree with the arguments of the author of the complaint about the inadmissibility of acts of unaccounted consumption as evidence.
Based on the fact of the identified unaccounted consumption of electrical energy by a network organization in the manner provided for in clauses 192, 193 of the Basic Provisions for the Functioning of Retail Electricity Markets, approved by Decree of the Government of the Russian Federation N 442 dated May 4, 2012, acts on unaccounted consumption of electrical energy were drawn up (for individuals persons) N from<дата>and N from<дата>, which were the basis for calculating the cost in the amount of identified non-contractual (unaccounted) consumption of electrical energy (clause 84 of these Basic Provisions).
As follows from the case materials, Shch.Yu. is a family member (<данные изъяты>) Shch.S., and uses the residential premises by virtue of family relations with the consent of the defendant, the acts are drawn up in his presence. Evidence of the existence between Shch.Yu. and the defendant has not presented any other (non-family) relationships with which the law connects the grounds for the consumption of utilities either to the court of first instance or to the court of appeal.
The appellate court takes into account the fact that, by virtue of Art. 182 of the Civil Code of the Russian Federation, the powers of a representative may be evident from the situation in which the representative acts.
Thus, Shch.Yu. Based on the situation that existed at the time of drawing up the acts, Shch.S was the proper representative of the defendant.
Within the meaning of paragraph 177 of the Basic Provisions, notification to the consumer is necessary to ensure access for representatives of the guaranteeing supplier and the network organization to the consumer’s metering devices or the consumer’s metering scheme.
In this case, during inspections in a residential building owned by the defendant, the fact of unmetered consumption of electrical energy was established, therefore, access to the supply points was ensured.
Personal non-participation of Shch.S. during inspections and drawing up reports did not lead to an incorrect reflection of the actual circumstances established during the inspections.
Assessing the acts of unaccounted-for electricity consumption and pay slips for them, presented by the plaintiff as evidence of the defendant’s violation of the rules for electricity metering, the appeal board comes to the conclusion that these documents comply with the requirements of paragraphs 193, 195 of the Basic Provisions for the Functioning of Retail Electricity Markets, approved by the Decree of the Government of the Russian Federation. Federation dated May 4, 2012 N 442.
Despite the fact that S.H. he has not registered the ownership of the residential premises he owns, he is the legal owner of the house, uses it for its intended purpose, there are no grounds provided by law for exempting him from paying for consumed utilities.
Since the defendant did not provide evidence of repayment of the cost of unaccounted-for electricity consumption or termination of this obligation in another manner provided for by law, as well as the fact of failure to contact the relevant organizations with statements about damage to the connection at the input to the metering device, malfunction of the metering device, lack of a seal on the terminal cover and availability of access to live parts up to the metering device was not refuted by the defendant, the court of first instance justifiably recovered the specified amount from Shch.S. in favor of the plaintiff.
The appellant's indications of disagreement with the assessment of the evidence cannot be taken into account, since all of the listed evidence was given a proper assessment by the court in their totality, in accordance with the provisions of Art. 67 of the Code of Civil Procedure of the Russian Federation, and the appeal board does not see any grounds for a different assessment.
In general, the arguments of the appeal are based on a subjective, erroneous interpretation of the norms of substantive and procedural law by the applicant of the complaint, and therefore cannot be recognized as justified and serve as a basis for canceling the court decision.
The complaint does not contain any references to new circumstances that were not the subject of the trial court's investigation and could have influenced the court's conclusions. The appeal board has no grounds to reassess the circumstances established by the court.
Under these circumstances, the appellate court considers that the case was considered by the court of first instance fully and comprehensively, the rules of substantive and procedural law were not violated, and the court’s conclusions correspond to the evidence available in the case. Provided by Art. 330 of the Code of Civil Procedure of the Russian Federation there are no grounds for canceling the court decision.
Legal grounds for satisfying the appeal and canceling the decision taken this case there is no judicial act.
Based on the above, guided by art. Art. 327 - 330 Code of Civil Procedure of the Russian Federation, Board of Appeal

determined:

Decision of the Gorno-Altai City Court of the Altai Republic dated<дата>leave unchanged, the appeal of Shch.S. - without satisfaction.

Presiding
I.V. SOLOPOVA

Judges
O.E.KRASIKOVA
S.N.CHERTKOV

Recalculation for utilities occurs on the basis of adopted legislation. If the owner has metering devices, recalculation occurs automatically when information about new data is received. In the absence of appliances during the temporary absence of the owner and all residents of the apartment, recalculation is made according to the developed scheme.

What is recalculation

Recalculation is a new calculation of the consumer's payment for utilities. If any errors or irregularities occur and they are identified, the management company or housing and communal services will compensate for the overpayment. But most often recalculation is done, because owners in many cases pay not according to the actual consumption of any resource, but according to the standard.

What does it mean? If the owner installs metering devices in a house or apartment, this means that now he will pay not according to the standard, but according to the water actually consumed (electricity, gas). But sometimes failures occur, as in the following cases. For example, heating fees are always paid according to the standard.

The standard is defined as 1/12 of last year's consumption per year. And every month we pay a fixed fee (since last year). At the end of the heating season, in those apartment buildings where communal meters are installed, the housing and communal services make a recalculation and the overpayment is returned to the consumer. There are also adjustments in the opposite direction.

But the most common types of overpayments are private. The model of the situation is most often this: the apartment owner does not send meter readings. This happens for both objective and subjective reasons.

For example, forgetfulness or family vacation may be the reason why the apartment owner temporarily does not transmit the data from his meter. In this case, the next month after the property owner resumes data transfer, he will be recalculated.

Legal acts

The recalculation has completely legal grounds. In 2011, the government of the Russian Federation adopted the well-known Resolution number 354. All sections of this legal act are devoted to the rules for the provision of public services to the population.

In 2017, further changes were adopted and, one can say, how recalculations are currently being made. The situation with the change in fees is reflected in paragraph VIII. The name also reflects some features: recalculation in the absence of consumers.

Here we consider only the aspect that concerns residential premises without meters. Everything is clear with the meters; recalculation will be done automatically when the next data from the metering devices is downloaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

Every citizen, owner or tenant of residential premises, is a consumer according to this document. He and his family consume government resources provided by various organizations or companies. In order to have a basis for the relationship, an agreement is concluded between the organization and the consumer of services.

The guarantor of the relationship between the contractor and the consumer is the state and laws. In accordance with Resolution No. 354, all citizens have the right to recalculation of utility bills. Therefore in new edition The procedure for recalculation in different situations is described in detail.

What is included in Decree No. 354

What's included:

• updated coefficients that determine drainage standards;
• the procedure for installing measuring instruments has been worked out in detail;
• with the help of the Resolution, the motive for installing a meter is strengthened;
• a simplified heating payment scheme has been introduced;
• since 2016, it has become optional to provide information from meters;
• in the event of a temporary absence of electricity or other services, payment for it will not be charged;
• the order of fulfillment of the listed conditions.

A special place is given to the responsibility of the performer to consumers and laws in the following cases:

• poor quality of services;
• damage to life and health due to poor quality services;
• failure of the consumer to receive reliable information on the quality of services;
• the terms of the agreement are violated.

If these conditions are violated, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether an agreement was concluded between the contractor and the consumer, the contractor will still compensate for damages in case of provision of poor-quality services.

Here are some points discussed in the Resolution:

1. Payment for general house needs is not subject to recalculation. This refers to the case when the owner was absent and the living space was temporarily empty.
2. In a two-tariff regime, changes in payment are possible only in relation to the variable component. With regard to the constant component, the following condition has been introduced: if its recalculation is established by law, then after the temporary absence of a citizen it is carried out within 5 working days. All days of absence are counted except the days of departure and arrival.
3. Recalculation is made only if an application is submitted and documents are provided that confirm the duration of absence. The request must be submitted before departure or no more than a month after arrival.

The following are accepted as documents confirming absence:

• a copy of the travel document with travel documents attached;
• document on treatment in a hospital or sanatorium;
• travel tickets issued in the name of the consumer, as well as the fact of their use;
• hotel bills, rented apartment, hostel;
• document issued by the FMS on temporary registration;
• other documents that can confirm the fact of the consumer’s absence.

The main advantage of this document is its transparency and simplicity of presentation of all requirements. After its revisions, it became much easier for the performer and the consumer to regulate their relationships.

Video about fee recalculation

Main distinctive features The resolution and its amendments are aimed at the widespread installation of devices. Therefore, owners of apartments with meters have a clear advantage in cases of, for example, temporary absence.