Monitoring law enforcement, or How to recalculate gas fees

Monitoring law enforcement, or How to recalculate gas fees

Different regions have different practices for calculating gas payments.

The rules for the supply of gas to meet the needs of citizens are regulated in the current legislation by two by-laws: Decrees of the Government of the Russian Federation dated July 21, 2008 No. 549 “On the procedure for supplying gas to meet the household needs of citizens” (Rules No. 549) and dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (Regulation No. 354). Housing Code

Civil Code

Federal Law on Electric Power Industry

Federal Law on Heat Supply

Federal Law on water supply and sanitation

Rules for the provision of utility services

Rules for maintaining common property

Rules for changing the fee size. The procedure for applying legal norms is specified in the letter of the Ministry of Regional Development of Russia dated May 28, 2012 No. 12793-AP/14. When supplying gas for household needs of citizens, regulation is carried out in accordance with Rules No. 549, and Rules No. 354 do not apply, as stated in subparagraph. “b” clause 2 of Rules No. 354. Rules No. 354 regulate relations in the provision of utility services to owners and users of premises in apartment buildings (MKD), residential buildings, including relations between providers and consumers of utility services (clause 1 of the Rules No. 354). The legal, economic and organizational foundations of relations in the field of gas supply in the Russian Federation are determined by the Federal Law of March 31, 1999 No. 69-FZ “On Gas Supply in the Russian Federation”.

In accordance with this law, Rules No. 549 have been developed, which regulate the legal relationship between the gas supplier and the owners of premises in the apartment building: directly managing the apartment building; those who have chosen to manage a homeowners' association, housing cooperative, joint venture or management of a management organization (MA), if such an apartment building is not equipped with a collective (common building) gas meter; in houses equipped with a gas metering device (node), if they have not entered into an agreement on the provision of gas utility services with an organization that purchases gas from the supplier to provide such a utility service; UOs, homeowners' associations, housing cooperatives, joint ventures purchasing gas to provide public gas supply services. Housing legislation regulates relations regarding the provision of utility services and the payment of fees for residential premises and utilities, as indicated in paragraphs. 10 and 11 hours 1 tbsp. 4 LCD RF.

In accordance with Part 4 of Art. 154 of the Housing Code of the Russian Federation, gas supply (including the supply of domestic gas in cylinders) is classified as public utilities. Housing relations related to the provision of utilities, in accordance with Art. 5 and the Housing Code of the Russian Federation is regulated by special legislation taking into account the requirements of the Housing Code.

Recalculation of the amount of payment for utilities consumed for general house needs during repair and maintenance work Relations between the consumer and the gas supplier are regulated by Rules No. 549, and in the part not regulated by them, as well as in terms of the supply of household gas in cylinders - by Rules No. 354.

Rules No. 549 do not regulate certain issues of the relationship between gas suppliers - providers of utility services in accordance with Rules No. 354, and consumers, including the procedure for recalculating the amount of gas fees during the period of temporary absence of the consumer in the occupied residential premises, cases and grounds changes in the amount of payment for gas if its properties and pressure deviate from the requirements of current legislation and the permissible duration of the interruption in its supply is exceeded, the period for taking meter readings by the consumer, as well as transferring them to the supplier. The essence of these clarifications, contained in the letter of the Ministry of Regional Development of Russia dated May 28, 2012 No. 12793-AP/14, boils down to the fact that from a comprehensive analysis of the provisions of the Housing Code, Rules No. 549, Rules No. 354, it follows that the relationship between the consumer and the gas supplier is regulated by the Rules No. 549, and in the part not regulated by them, as well as in terms of the supply of household gas in cylinders - by Rules No. 354. So, this clarification directly draws the attention of law enforcement officials to the fact that the procedure for recalculating gas fees is not established by Rules No. 549 and should be followed in this case is subject to Rules No. 354. The recalculation procedure is regulated in paragraphs. 86–97 of Rules No. 354 and applies if the consumer is absent from the residential premises for more than five calendar days in a row. Moreover, this absence must be documented. In some regions of the Russian Federation, to calculate energy consumption in apartments where no one is registered, they are based on the average number of family members. Decree of the Government of the Russian Federation dated June 13, 2006 No. 373 “On the procedure for establishing standards for gas consumption by the population in the absence of gas meters” (Resolution No. 373) stipulates that standards for the consumption of utilities in terms of gas supply are established by state authorities of the constituent entities of the Russian Federation on the basis of gas consumption standards by the population in the absence of gas meters. At the same time, some constituent entities of the Russian Federation have taken a very ambiguous path, establishing, relatively speaking, an imputed gas consumption standard even if no one is registered in the residential premises.

Recalculation of fees in accordance with current legislation

The consumer has the right to recalculate utility bills downwards in the following cases: - the consumer was temporarily absent from the residential premises; — the provided utilities were of inadequate quality; — the interruption in the provided utility services lasted longer than required by law.

The procedure for recalculating accruals

In the event of a temporary (more than 5 days) absence of a consumer from a residential premises that is not equipped with an individual meter, the amount of payment for natural gas is recalculated. Recalculation of charges is made on the basis of a written application from the consumer for recalculation, but no later than 30 days after the end of the period of temporary absence.

Documents required for recalculation in case of temporary absence:

— document of the body carrying out temporary registration of the consumer at the place of his temporary stay;

— a certificate from the chairman of the horticultural cooperative confirming the period of temporary residence in the dacha cooperative;

— a certificate from the chairman of the housing cooperative or homeowners association, confirming the period of temporary residence of the consumer at this address;

— a certificate confirming the period of temporary stay of the consumer at the location of the educational institution;

— a certificate from a military unit confirming temporary stay in a military unit;

— travel tickets issued in the name of the consumer;

-copy of travel document;

-certificate of being treated in a hospital facility or at a sanatorium-resort treatment;

- a certificate from the organization providing private security of the residential premises in which the consumer was temporarily absent, confirming the beginning and end of the period during which the residential premises were under continuous security.

Documents required for recalculation when the number of registered people changes:

— certificate from housing and communal services about family composition;

- registration or extract according to passport data.

Documents required for recalculation when changing the type of consumption accounting:

- certificate of removal or installation of the meter;

— certificate of installation of a gas boiler.

Documents required for recalculation due to disconnection from gas supply:

- act of non-residence;

— certificate from the State Distribution Department about disconnection;

— act of installing a seal on the lowering valve (comfortable housing);

— an act on the installation of a plug, a lock, and a lowering valve.

If you have a gas meter and have not reported readings for the current month, charges are made based on the average monthly consumption, but not more than 3 months in a row. After the specified 3-month period, the volume of natural gas consumed is determined in accordance with consumption standards. After reporting the readings, accruals made in the absence of gas consumption readings are reversed (recalculated).

Recently, cases of violations related to the frequency of subscribers' verification of individual metering devices - gas meters - have become more frequent. To a greater extent, this is due not only to ignorance of the responsibilities of the consumer of utility services, but also often to the superficial attitude of the gas service workers themselves. If we approach it from the point of view of legislation, then in accordance with clause 25 of the Rules for the supply of gas to meet the utility needs of citizens, approved by Decree of the Government of the Russian Federation No. 549 of July 21, 2008, from the moment the calibration interval of meters expires, charges for gas are made according to consumption standards.

According to clause 21 of these Rules, the obligation to ensure that the gas meter is presented within the established time frame for verification is assigned to the subscriber. The delivery of gas meters for verification, the costs of verification, as well as the repair of meters, their replacement and the possible costs of changing intra-house gas networks in connection with replacing the meter are also assigned to subscribers, since they are the owners and are responsible for their maintenance, which is provided for Article 210 of the Civil Code of the Russian Federation.

Based on this, it is recommended that all subscribers regularly check the calibration interval of installed gas meters and ensure that the meter is verified before it expires.

There are two ways to carry out verification - with dismantling the counting unit and without dismantling. When rejecting a gas meter, state verification is carried out by specialists from an accredited organization - FBU State Regional Center for Standardization, Metrology and Testing. Equipment inspection is carried out by a gas utility company at least once every six months and, since the obligation to carry it out is assigned to the gas supplier by Decree of the Government of the Russian Federation of July 21, 2008 No. 549, it should be carried out free of charge. Payment for additional services is made by the subscriber at the time of provision of services.

As for subscriber servicing of your gas equipment, in general, concluding such an agreement is not prohibited by law, but the gas supplier has no right to impose maintenance (Article 16 of the Law “On Protection of Consumer Rights”). Thus, you can refuse to pay any additional payments other than the actual cost of gas consumed.

In other words, such actions of the gas supplier impose additional costs on the population to pay for services above state-regulated prices, which is unlawful and violates the rights of an unlimited number of citizens.

To protect your rights, you should file a complaint with the territorial department of Rospotrebnadzor, as well as with the Federal Antimonopoly Service with a request to hold the organization accountable under Art. 14.6 Code of Administrative Offenses of the Russian Federation.

Another important aspect: the requirement to conclude an agreement is a violation of Article 421 of the Civil Code of the Russian Federation (“Freedom of contract”: “Citizens and legal entities are free to enter into an agreement. Any FORCE to enter into an agreement is not allowed, except in cases where the obligation to enter into an agreement is provided for by the Civil Code of the Russian Federation, by law or by a voluntarily accepted obligation..."). Article 3, paragraph 6 of the Civil Code of the Russian Federation allows us to conclude that a resolution of the government of the Russian Federation is “...another normative act...”, but legally it is not a law and the highest legal priority belongs to the Civil Code of the Russian Federation. Anyone who is forced to connect to gas for the first time can be forced to sign an agreement thanks to the wording

“...or a voluntarily accepted obligation...” But what about those to whom gas equipment maintenance services have long been provided? This category of citizens cannot be forced in any way: they did not take on any new “voluntary obligations”... In Soviet times, the cost of servicing gas equipment was included in the price of the supplied gas. Now no one can explain on what principle the prices imposed on consumers are formed. No one can answer the question: why are “other legal acts” created, the content of which contradicts the current legislation. There is only one explanation: our people are the most obedient in the world. What awaits us, obedient people, if we refuse to enter into a contract for the maintenance of gas appliances? We can only sympathize.

Particular attention should be paid if there is a change in ownership of the property. When purchasing a property, it is necessary to obtain from the seller an extract from the personal account indicating that there is no debt at the time of sale, indicating the reading of the gas meter (if installed), and when selling the property, provide such a certificate to the buyer in order to avoid troubles for both parties regarding the unexpected discovery of the presence of a debt. payment for consumed gas.

The applicant believes that the specified annex to Order No. 195, which prescribes payment for gas consumption in premises where no one is registered, based on the consumption standard for 2.5 people, limits his rights, since it was adopted in violation of the requirements of Order No. 373 and the Rules for Establishing and approval of utility consumption standards, approved. Decree of the Government of the Russian Federation dated May 23, 2006 No. 306 (Rules No. 306).

Thus, different regions have different practices for calculating gas payments. So, it is very reasonable to raise the question of the possibility of recalculating gas fees in the absence of registered citizens in the residential premises. Since the owner of the disputed residential premises is not registered as a permanent resident, his non-residence in this residential premises cannot be considered as a temporary absence.

Example: a subscriber (gas consumer) filed a lawsuit against the defendant for an obligation to recalculate the volume of gas consumed, indicating that on July 5, 2013, an initial start-up of gas was carried out in her apartment, and it was revealed that the meter verification period had expired. The plaintiff purchased a new meter and installed it on July 15, 2013. On July 19, 2013, a gas supply agreement was concluded between the plaintiff and defendant. Along with the contract, a subscription book was issued and charges for gas consumed were calculated according to the standard. She referred to the fact that she did not use gas, an inspection of the original meter established that it was in working order, taking into account the clarification of the claim, the plaintiff asked to cancel the calculation according to the standard, to return the money spent on the examination to her. The court refused to satisfy the stated requirements, rejecting the argument about not living in the apartment during the disputed period of time. The court indicated that clause 31 of Rules No. 549 gives the gas supplier a basis for calculating the cost of consumed gas based on the consumption standard. The only basis for non-application of clause 31 of Rules No. 549 is advance notification of the gas supplier by the subscriber about the failure to provide meter readings in the absence of all citizens living in the residential premises (residential building) for more than 1 month. Moreover, the plaintiff’s absence from the residential premises was not temporary, but permanent and prolonged (appeal ruling of the Astrakhan Regional Court dated April 2, 2014 in case No. 33–1190/2014). Thus, in different regions there are different practices of charging for supplied gas and different rules for its recalculation. However, taking into account the latest position of the Supreme Court, reflected in the judicial act (ruling of the Supreme Court of the Russian Federation dated July 17, 2013 No. 46-APG13-7), which invalidated the clause on the introduction of increasing coefficients in the resolution of the government of the Samara region, there is a small chance of equalizing the practice taking into account at least the recognition of the illegality of increasing coefficients.

Disputes related to citizens' payment for housing and utilities are considered by magistrates, as well as other courts of general jurisdiction in civil proceedings (Articles 22 and , Chapters 11 and 211 of the Civil Procedure Code of the Russian Federation, hereinafter referred to as the Code of Civil Procedure of the Russian Federation).

It is worth noting that since June 2021, the procedure for collecting debt for housing and communal services has been simplified. When submitting documents, the court makes a positive decision within 5 days without a public hearing. The debtor is given 10 days to cancel the court order - to do this, it is enough to write a statement indicating that the calculation is incorrect or the claims are unfounded. In this case, the decision will be reversed and the utility will need to re-file the claim. After this, the case will be considered in a general manner with both parties summoned. If this does not happen, then after receiving a court order, the utility organization can contact the bailiff service. Most often, collection is made from the debtor's income. This could be a salary, a pension. I would like to warn you that the amount of deductions per month cannot exceed half of the total monthly income. If the apartment is not privatized, they can even be evicted from it for non-payment. Yes, yes, you heard right!

Because Article 40 of the Constitution of the Russian Federation guarantees citizens the right to housing, and the Code of Civil Procedure states that penalties do not apply to residential premises if they are considered the only ones suitable for habitation. But the size of the apartment is not specified.

-Thus, if the tenant and his family members living with him for more than six months do not pay for housing and utilities without good reason, they can be evicted in court with the provision of another residential premises under a social tenancy agreement, the amount of which corresponds the size of the living space established for moving citizens into the hostel. But forced eviction is not allowed if the reasons for arrears in rent are valid, for example, long-term non-payment of wages. In addition to legal proceedings, the gas company can suspend your gas supply after two warnings - one for 40 days, the other for 20. And you will have to run to pay the bills. Otherwise, life won’t be the same without gas! This issue is regulated by government decree No. 549 dated July 21, 2008 “On the procedure for supplying gas to meet the household needs of citizens.” Of course, often gas service workers, in their rush to fulfill the plan to collect funds from gas supplies, may miss all the legitimate nuances of suspending gas supplies, so if this happens, then write to special authorities, for example the prosecutor’s office, or you can also go to court with a statement of claim for compensation for moral damage and immediate restoration of gas supply. In my practice, the courts usually satisfied such demands only in terms of connection, but in terms of moral damage they refused, this point still needs to be proven. As for the supervisory authority, everything is simple here; the prosecutors will be required to eliminate violations in the part in which the subscriber (gas consumer) is complaining. Of course, no one dares to ignore the supervisory authority and the Gazprom subsidiary is no exception, but still this has happened, and if this statement is lost or all the deadlines for responses are delayed, then after that another paper will arrive only in the form of a presentation to bring liability and impose a fine on gas service employees who are to blame for all this bacchanalia and the immediate elimination of all violations.

Let’s once again go through the judicial practice on the collection of utility services and I’ll tell you what, it does not have the same precedent and is structured differently in different regions, but in general the positions and application of the rules are similar. Let's say an apartment belongs to several persons by right of ownership, then a claim for debt collection in a joint and several manner is brought against all owners of the apartment (for example, Cassation ruling of the Moscow City Court dated June 30, 2015 N 4g/2-7092/15, Appeal ruling of the Moscow City Court dated 10.03 .2016 in case No. 33-5204/2016).Also, a claim for collection of arrears in payment for residential premises and utilities can be brought against the tenant of an apartment provided under a social tenancy agreement (for example, Determination of the Moscow City Court dated November 13, 2015 No. 4g/ 9-11823/2015, Appeal ruling of the Moscow City Court dated December 22, 2015 in case No. 33-48286/2015).

If members of his family live together with the tenant of a residential premises under a social tenancy agreement, then the claim is brought against the tenant and the members of his family specified in the social tenancy agreement as joint and several debtors (Parts 1, 3, Article 69 of the Housing Code of the Russian Federation) (for example , Determinations of the Moscow City Court dated 05/06/2016 N 4г-4416/2016, dated 04/29/2016 N 4г-0269/2016).

If the defendant has a debt on an apartment of which he is the owner, but the defendant is registered at a different address, then the claim for debt collection should be filed at the place (address) of the defendant’s registration. In this case, the claim must be filed in the court whose jurisdiction includes the defendant’s registered address (Determination of the Moscow City Court dated April 22, 2016 No. 4g-3876/2016, Appeal determination of the Moscow City Court dated October 12, 2015 in case No. 33-37753/2015) . Otherwise, there will be a violation of the rules of territorial jurisdiction (for example, the Appeal ruling of the Moscow City Court dated April 16, 2015 in case No. 33-12182). The statute of limitations for this category of disputes is three years (Article 196 of the Civil Code of the Russian Federation). Applying the statute of limitations when considering a specific dispute, the court explained that the moment when the plaintiff learned of a violation of his right is the defendant’s failure to fulfill the obligation to make payments for maintenance, repairs of residential premises and utilities in the month when they needed to be made (Appeal Determination of the Moscow City Court dated November 12, 2015 in case No. 33-34515/2015). Depending on the period for which the plaintiff demands to collect the debt, the statute of limitations can be applied to all of the plaintiff’s claims or only to part of them (for example, Appeal ruling of the Moscow City Court dated July 14, 2015 N 33-24810/2015).

If the court grants the petition, then collection of debt from the defendant for a period earlier than three years before the date of filing the claim will be denied (for example, Determinations of the Moscow City Court dated 04/29/2016 N 4g-0269/2016, dated 04/11/2016 N 4g-3243/2016 ).

It should be taken into account that clause 2 of Art. 199 of the Civil Code of the Russian Federation does not provide for any requirement for the form of an application for the passage of the limitation period: it can be made both in writing and orally. If the statement was made orally, this is indicated in the minutes of the court session (clause 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 2015 N 43 “On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation period”).

— Please note that the court may reject the defendant’s request to apply the statute of limitations if it establishes a break in the running of the statute of limitations. According to Art. 203 of the Civil Code of the Russian Federation, the limitation period is interrupted by the obligated person taking actions indicating recognition of the debt. Such actions may be recognized as the conclusion by the defendant with the plaintiff (management company) of an agreement to repay debts for payment of residential premises and utilities in a specific amount (for example, the Appeal ruling of the Moscow City Court dated October 2, 2014 in case No. 33-33600). In addition, the interruption of the limitation period may be evidenced by the statements of the defendant and the payments made by him to pay the debt to the plaintiff (Appeal ruling of the Moscow City Court dated July 18, 2014 in case No. 33-28887).

There is a point of view according to which the periodic fulfillment by the defendant of the obligations assumed to pay utility bills on time cannot mean recognition of the debt in the sense referred to in Art. 203 of the Civil Code of the Russian Federation (for example, Determination of the Moscow City Court dated September 25, 2015 N 4g/5-9851/15). According to this position, payment by the defendants of part of the debt does not mean a break in the limitation period if the payment receipts do not contain information that the defendants have contributed funds to repay the debt over the past period of time, and the defendants have not addressed the plaintiff with a corresponding application. In this case, the periodic payment by the defendants of individual amounts for the provided housing and communal services cannot in itself indicate their full recognition of the debt for the entire period of formation of the debt, and due to the fact that the periodic payments are of a continuing nature, then for each payment, in If the obligated person commits actions indicating recognition of the debt, the limitation period is calculated separately (Appeal ruling of the Moscow City Court dated September 24, 2014 in case No. 33-24447).

This point of view is shared by the Supreme Court of the Russian Federation, which explained that recognition of part of the debt, including by paying part of it, does not indicate recognition of the debt as a whole, unless otherwise agreed by the debtor (clause 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 2015 N 43 “On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period”). If the defendant forcibly repaid the debt within the framework of enforcement proceedings initiated on the basis of a court decision, such actions of the defendant cannot be regarded as recognition of the debt, and in this situation the provisions on interrupting the running of the limitation period are not subject to application (for example, the Appeal ruling of the Moscow City Court dated 03/26/2015 in case No. 33-9701).

Thus, in different regions there are different practices of charging for supplied gas and different rules for its recalculation. However, taking into account the latest position of the Supreme Court, reflected in the judicial act (ruling of the Supreme Court of the Russian Federation dated July 17, 2013 No. 46-APG13-7), which invalidated the clause on the introduction of increasing coefficients in the resolution of the government of the Samara region, there is a small chance of equalizing the practice taking into account at least the recognition of the illegality of increasing coefficients.

Recently, Gazprom Mezhregiongaz has been associated with another high-profile scandal: the forgiveness of gas debts for residents of Chechnya amounting to 9 billion rubles. This decision was made by the Zavodsky District Court of Grozny, but the regional “daughter” of the gas monopoly challenged it in a higher court.

According to Mezhregiongaz’s own estimates, by the beginning of this year the volume of overdue debt of the population alone was estimated at 37.9 billion rubles, despite the fact that a year earlier the debt was just over 30 billion rubles, and the debt of all categories of consumers is estimated by Gazprom at 137.7 billion rubles Gas debts generated by individuals and legal entities are distributed unevenly across our large country, and traditionally in regions with depressed economies, which include the majority of federal subjects in the south and North Caucasus.

In conclusion, I will say that the Plenum of the Supreme Court of the Russian Federation at the beginning of this year issued a resolution stating that debt for the provision of utilities cannot be a reason for turning off water, electricity or gas. In other words, resource supply organizations must warn a person about the debt that has arisen and provide him with a deferment or installment plan to pay for utilities. Only after the possibilities for a “peaceful” solution to the situation have been exhausted can utilities be turned off.

In addition, disconnecting a utility service should not pose a threat to the life and health of others. This means that service disconnection cannot cause harm to persons who are not debtors. For example, if a mother and child live in the apartment. The owner of the apartment is the mother and she must pay for utilities. It often happens that when there is no money, debt arises. Turning off the water in this situation jeopardizes the child’s health, so turning off the water is impossible.

The document also states that homeowners may demand a reduction in fees for housing and communal services or repairs of common property if they were performed poorly or were provided intermittently, the duration of which exceeded the maximum permissible period.

Calculation according to consumption standards

If the consumer does not have a gas meter (meter), gas consumption is determined in accordance with established consumption standards.

When calculating gas fees for the population, the following parameters are taken into account:

• gas consumption standard (for calculation in equal shares throughout the year);

• size (area, volume) of heated residential and non-residential premises;

• the number of persons permanently and temporarily registered in the premises;

• type and number of farm animals and poultry kept on private farms;

• the degree of improvement of an apartment or residential building (presence or absence of centralized hot water supply);

• other information necessary to correctly determine the amount of payment for consumed gas.

According to clause 56.2 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 No. 354 of May 6, 2011, in the absence of citizens permanently or temporarily residing in the residential premises, the volume of utility services is calculated taking into account the number of owners of such premises.

Example: Heated living area – 35 m2; Bath area – 10 m2; Number of living citizens – 3 people; There is no gas meter. Gas appliances are installed and connected to the gas supply system in the household: heating boiler - 2 pcs.; gas stove – 1 pc. The areas of use of natural gas by the population are heating of apartments (residential buildings) and (or) heating of non-residential premises with the simultaneous use of gas for other purposes.

The fee for the current month is calculated as follows:

35 m2 x 7.8 m3/m2 x 5,830.34 rub./1000 m3 = 1,591.68 rub. (heating of a residential building);

3 people x 16.86 m3/person. x 5,830.34 rub./1000 m3 = 294.90 rub. (food preparation and water heating);

10 m2 x 5.08 m3/m2 x 5,830.34 RUR/1000 m3 = 296.18 RUR.
(bath) 1,591.68 + 294.90 + 296.18 = 2,182.76 rub.
– accrued to the subscriber for the month, where: 7.8 m3/m2 – gas consumption standard for individual (apartment) heating of residential premises (residential buildings, apartments, rooms), according to Order of the Tariff Regulation Committee of the Volgograd Region dated April 15, 2015 No. 12/ 3;

16.86 m3/person. – gas consumption standard for the direction of use - cooking in the absence of a gas water heater and central hot water supply, according to Order of the Tariff Regulation Committee of the Volgograd Region dated April 15, 2015 No. 12/3;

5.08 m3/m2 is the standard for natural gas consumption by the population in the absence of gas meters for heating baths, according to Order of the Tariff Regulation Committee of the Volgograd Region dated April 15, 2015 No. 12/3;

RUB 5,830.34 – from July 1, 2021, the retail price of 1000 m3 of natural gas in the direction of use, regardless of the presence (absence) of the metering device “Heating of apartments (residential buildings) and (or) heating of non-residential premises with the simultaneous use of gas for other purposes,” according to paragraph. 5 Appendix to the Order of the Tariff Regulation Committee of the Volgograd Region dated June 30, 2021 No. 14/1.

The total volume of gas consumed when used for several types of consumption is calculated by summing the volumes of consumed gas used for each type of consumption.

If during the verification process it is established that the subscriber did not inform the gas supplier about changes in circumstances affecting the determination of the volume of gas consumed that occurred after the conclusion of the contract, or provided information the unreliability of which is confirmed by authorized executive authorities or local government bodies, the gas supplier has the right to recalculate the volume of supplied gas subscriber and the amount of payment for it for the period from the date of the previous inspection, but not more than 6 months.

New rules for paying for housing and communal services: who will pay more?

Since the New Year, the rules regarding payment for housing and communal services have changed in Russia. In addition, the relaxations introduced due to the coronavirus pandemic will be cancelled, reports Parlamentskaya Gazeta. What everyone needs to know about - more details in the material.

Penalties and fines for debtors

Fines and penalties were not assessed for debtors from April 2 to December 31, 2021. Starting from the new year, you will have to pay off your debts as before. Thus, from January 1, 2021, a penalty may be demanded for debts that arose before April 6 of the outgoing year. And if the debt arose during the “freezing” period, citizens can repay the debt, but penalties will be accrued only from the 31st day of delay.

However, some experts suggest there is a chance that the moratorium will be extended. The fact is that 30% of citizens accumulated debts during the pandemic.

Utility prices

Tariffs for housing and communal services will be increased only from July 1. Moreover, the authorities have set maximum tariff growth indices - they differ in different regions. Thus, in St. Petersburg the limit is set at 3.5%, in the Moscow region - at 3.6%, in Moscow - at 4.6%.

Please note that on January 1, prices for maintenance, repairs and rental housing will rise in Moscow. Information about this is contained on the official website of the mayor of the capital. Thus, citizens will have to pay 3.5% more for the use of residential premises, 4.6% more for maintenance, and 3.5% more for the minimum contribution for major repairs.

Checking counters

Residents of Russia need to prepare to check their meters, since previously, from April 6, a moratorium on checking was established. It will be valid until December 31. It is noted that until April next year, fees for services will be calculated based on the average meter readings for the last six months. If you do not check, then the fee will be charged according to the standard, taking into account the increased coefficient of 1.5.

Registration of rent subsidies

From January 1, there will be no need to submit documents to social security authorities indicating that there are no debts on utility bills. They must themselves check the presence or absence of utility debt through the GIS housing and communal services information system. It must be remembered that the right to a subsidy is canceled if there are debts. Let us remind you that large families, disabled people and veterans have rent benefits. A subsidy for utility bills is provided to families whose income is spent more than 22% on utility bills.

Payment procedure and methods

According to clause 25 of 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 No. 549, the volume of gas consumed is determined according to the readings of the gas meter, subject to the following conditions:

• gas metering devices are used, the types of which are included in the State Register of Measuring Instruments;
• the seal(s) installed on the gas metering device by the manufacturer or the organization that carried out the last verification, and the seal installed by the gas supplier at the place where the gas metering device is connected to the gas pipeline, are not broken;
• the deadline for the next verification, determined taking into account the frequency of its implementation, established by the Federal Agency for Technical Regulation and Metrology for each type of gas metering devices approved for use on the territory of the Russian Federation, has not arrived;
• The gas meter is in good condition.

Subscribers who have gas consumption meters installed make payments monthly before the tenth day of the month following the end of the month for the gas actually consumed, based on payment documents sent by Gazprom Mezhregiongaz Saratov LLC to each subscriber.

In accordance with paragraphs. “g” clause 21, clause 31 of 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 No. 549, as well as clause 3.3.1. In a gas supply agreement to meet the household needs of citizens, the subscriber is obliged to provide the Supplier with information on the gas meter readings for the past month on a monthly basis before the end of the current month. Meter readings may be provided in any way that ensures their receipt by the Supplier.

If the subscriber has not provided gas meter readings within the period established by the contract, then the volume of gas consumed for the past month and up to the month in which the subscriber resumed providing readings (but not more than 3 months in a row) is determined based on the volume of average monthly gas consumption by the consumer, determined by the device gas metering for a period of at least one year, and if the period of operation of the gas metering device was less than one year - for the actual period of operation of the gas metering device.

After the specified 3-month period, the volume of gas consumed for each subsequent month up to the billing period in which the subscriber resumed submitting the specified information is determined in accordance with gas consumption standards.

If the subscriber notified the gas supplier in advance about the failure to provide information about the readings of the gas meter due to the fact that all citizens living in the residential premises, the gas supply of which is provided in accordance with the contract, will be absent from this place of residence for more than 1 month, the provisions of paragraph Clause 31 of the Rules will not be applied.”

It should be noted that if a metering device is installed outdoors that does not have temperature compensation, when determining the amount of payment for consumed natural gas, the readings of the gas consumption meter for the billing month are multiplied by the corresponding temperature coefficient in order to bring the volume of gas to standard conditions.

Dear subscribers! Please read the payment document form carefully.

Payment document form (Excel file) for payment for subscribers who make payments based on gas meter readings.

Example of filling out a payment document:

In the payment document, the subscriber independently enters the current meter readings and the date to which these readings correspond in special columns (indicated in red):

Subscriber signature _____________________

Heated living area – 90 m2; Number of living citizens – 2 people; Previous readings of the gas flow meter - 01000 m3; Indications at the end of the current month – 01100 m3; The volume of gas consumed per month was 100 m3.

The monthly fee is calculated as follows:

1,100 m3 (current reading) – 1,000 m3 (last reading) = 100 m3

Amount “to be paid” 100 m3 x 5.27 rub./m3 = 527.00 rub.,

where 5.27 rubles/m3 is the retail price for natural gas from January 1, 2021, approved by Resolution of the State Tariff Regulation Committee of the Saratov Region No. 52/32 dated December 7, 2018). In the event that the gas meter is used only for food preparation, the retail price of 9.11 rubles/m3 is applied (approved by resolution of the State Tariff Regulation Committee of the Saratov Region No. 52/32 of 12/07/2018).

Questions for individuals

According to clause 1, part 1, article 157.2 of the Housing Code of the Russian Federation, utility services to the owners of premises (apartments) in an apartment building are provided by the resource supply organization when such a decision is made at a general meeting of owners.

Direct contracts are considered to be concluded simultaneously with all owners of premises (apartments) in an apartment building, and no written form of the contract is required. In accordance with Art. 426 of the Civil Code of the Russian Federation, a gas supply contract is considered public. The public gas supply agreement for the connected network was published in the newspaper “Stavropolskaya Pravda” on June 06, 2017, No. 59 (as amended on January 26, 2018).

Clause 1, part 7, article 157.2 of the Housing Code of the Russian Federation establishes the right of the resource supplying organization to postpone the date of concluding direct contracts specified in the decision of the general meeting of owners, but no more than three calendar months. The resource supplying organization sends notification of such a decision to the initiators of this general meeting no later than five working days from the date of receipt of a copy of the minutes of the general meeting of owners.

In order to respect the rights of owners of residential premises (apartments), in order to register a subscriber’s personal account and charge gas fees, the initiators of the general meeting must provide the following information and documents to the gas supplier:

• number of the residential premises (apartment) and full name of the owner (owners), number of residents;
• the total area of ​​the residential premises (apartment), in accordance with registration documents;
• gas-using equipment installed in the residential premises (apartment) (provide copies of passports if available);
• copies of contracts for maintenance and emergency dispatch support of intra-house gas networks and intra-house gas equipment of residential premises (apartments) of an apartment building, concluded by each owner of the residential premises (apartment). In the absence of such an agreement, to conclude it, the owners of premises (apartments) must contact a specialized organization (gor-raygaz);
• acts of commissioning of individual gas metering devices, indicating the numbers of installed seals and the date of their last verification (provide copies of passports if available);
• the latest readings of individual gas meters recorded for each residential premises (apartment) and the date of their receipt.

Owners of residential premises (apartments) have the right to demand from the management organization or the person managing the apartment building to take actions to put into operation the installed individual meter no later than the month following the day of its installation, and also demand calculations of the amount of payment for utility services based on the readings of the metering device put into operation, starting from the 1st day of the month following the month the metering device was put into operation. Acts of acceptance into operation of individual utility metering devices are drawn up by the management organization or the person managing the apartment building in accordance with clause 81(6) of the Government of the Russian Federation of May 6, 2011 No. 354.

In the absence of acceptance certificates for individual metering devices, the calculation of gas fees, starting from the day of transition to direct contracts and until the day the metering device is sealed by the gas supplier, will be made according to consumption standards: for cooking and heating water (based on the number of residents) and for heating living space (based on the size of the heated area). Natural gas consumption standards were approved by Order of the Ministry of Housing and Communal Services of the Stavropol Territory dated March 11, 2016 No. 87 “On approval of the rules for establishing and determining utility service consumption standards.”

In order to check and seal a serviceable individual metering device that has no traces of unauthorized intervention, owners must provide access to a representative of the gas supplier to their residential premises (apartments). Information about the date of visit of a representative of the gas supplier will be posted on notice boards and in the entrances of the apartment building.

Direct contracts are not concluded with each owner of a residential premises (apartment) in the case of the supply of natural gas to common property in an apartment building (boiler room) for the production of utility services for heating and hot water supply. In this case, the gas supply agreement is concluded with the management organization or the person managing the apartment building.

When switching to direct gas supply contracts, the management organization or person managing the apartment building must repay the existing debt for gas to the gas supplier.