Transition to direct subscription for heating. In the Ulyanovsk region, work continues to transfer consumers to direct contracts with resource supply organizations

The leaders of Ulyanovsk homeowners' associations and housing cooperatives told Russian President Vladimir Putin that they could go bankrupt, since the existing system leads to the accumulation of debts to resource supply organizations, and it is necessary to change the legislation, entrusting the work on debts to resource workers. Resource suppliers do not want to deal with debts and theft. The regional government recognizes the problem and intends to convince the parties of the need to divide responsibility for payments in half.

Fifteen chairmen of Ulyanovsk HOAs and housing cooperatives recently sent an appeal to Russian President Vladimir Putin, asking him to accept them “to discuss solutions to the problems that have arisen in the housing and communal services sector.” They inform the president that “an extremely difficult situation has developed in the housing and communal services sector,” and “if measures are not taken, this could lead to irreversible consequences.” The chairmen note that, being essentially transit organizations for the collection and transfer of money from residents for utilities (hot water supply, hot water supply, heating), they find themselves in a hopeless situation when non-payments by residents for utilities and outright theft of resources by some residents lead to that debts, being the difference between supplied and paid resources, ultimately fall on the HOA and housing cooperative. 

“In three years, hot water has almost tripled in price, from 90 to 240 rubles per cubic meter, while the annual increase should be no more than six percent. And the debts of the residents, along with stolen energy resources, end up constantly growing and falling on the HOAs and housing cooperatives, which are actually not to blame for anything. In addition, energy workers include in our consumption the heat from the circulation of hot water in the hot water system, although we only have to pay for the water poured out. As a result, we are reducing consumption, but the numbers of issued bills are still growing,” notes the initiator of the appeal, manager of the Vector HOA, Vyacheslav Mitrofanov. But he argues that in order to switch to direct subscription, one must first abandon the requirement to pay for common house needs (CDN) introduced by federal regulations, “since otherwise all non-payments and theft are transferred there and, despite the absence of losses, CDN for heat and hot water supply with It’s only growing every year.” In addition, it is necessary to tighten administrative and even criminal penalties for theft of resources by residents, the HOA manager is confident.

Meanwhile, power engineers do not intend to deal with issues of non-payments and theft and agree to switch to direct subscriptions only if the ODN remains with the HOA. “As much as we paid for the house, we must be paid for that much, and the stolen or unpaid resources will go to ODN, which should be handled by the homeowners association, management companies or the residents themselves,” explains Igor Zhuravlev, deputy director of the Ulyanovsk regional branch of Volzhskaya TGC OJSC.

According to VoTGK, the total debt of apartment buildings in the region to them for heat and hot water is about 3.4 billion rubles, of which the debt of HOAs and housing cooperatives is about 1 billion rubles.

The head of the self-regulatory organization of management companies “Simbirsk House”, Grigory Nikolaev, considers the situation “today very critical” for many management companies: “The debts of those who remained on the classic scheme of managing houses range from 5 to 100 million rubles, they are under threat of bankruptcy, Some already have writs of execution from bailiffs.” Trying to get away from these debts, Ulyanovsk housing and communal services management companies are persuading homeowners to switch to direct management. “For now this is the only way out. In this case, all debts, non-payments and theft must be dealt with by the resource suppliers themselves, just as gas or electricity suppliers do, and their refusal to do so is illegal. But HOAs and housing cooperatives cannot switch to this form,” notes Mr. Nikolaev.

However, regional authorities consider the transition to direct management to be incorrect, noting that “at the same time, responsibility for the condition of apartment buildings is eroded.” “I am categorically against the transition to direct management, and I immediately warned: the management company that brought the houses under direct management will still be personally responsible for these houses,” emphasizes the deputy chairman of the regional government, Alexander Bukin, who oversees this area. He admits that “the problem of transferring debts to HOAs and management companies has not been resolved by law.” “I believe that this responsibility needs to be equally divided between resource specialists and management companies, so that both parties are interested in eliminating debts and theft,” notes Mr. Bukin. Grigory Nikolaev believes that the problem cannot be postponed, and in order to get rid of the transition to direct management and eliminate the threat of bankruptcy of management companies, it would be possible to use the political will of the regional leadership before changes in legislation, which could convince resource officers to switch to direct subscription and take one credit myself. The Deputy Prime Minister also agrees with him in some ways: “We need to sit down with resource managers and management companies at the negotiating table. And we will soon begin this difficult process,” the Deputy Prime Minister emphasized.

Sergey Titov, Ulyanovsk

The largest regional heat generating company - the Ulyanovsk branch of T Plus - summed up the results of its work over the past year. The discussion touched upon not only the end of the heating season, upcoming innovations in interaction with subscribers, but also touched on very simple questions that concern many, but there was no opportunity to ask directly.

The meeting with T Plus top management took place in a democratic atmosphere. Deputy Director Igor Zhuravlev immediately asked those present and colleagues to communicate without pathos, excessive formalism and to ask company representatives any questions, even provocative ones.

One of the company’s pleasant news is that this year marks the 70th anniversary of CHPP-1, whose workers have been working here for generations. “We consider ourselves an exclusively socially oriented company,” says Igor Zhuravlev. “We sell heat and electricity, we produce them, and these are the most important products in our country from the point of view of life.”

The chief engineer of the Ulyanovsk branch of T Plus, Dmitry Dudintsev, who came to Ulyanovsk last year, but during this time managed to fall in love with our city, spoke about how the heat tariff is determined and why it is not cheap, especially for a couple of months in the winter. :

“At the moment, we have completed the heating season 100%. Hydraulic tests are nearing completion. The weather last winter was kind to us; there were almost no severe frosts. However, the company has the same principle - the equipment must be ready for all operating modes: both in extremely low temperatures and in fairly mild conditions.”

The generating company survived the winter without any accidents; both station and network equipment worked smoothly and without failure. Now the T Plus company is entering a time no less “hot” than the last heating season: the organization is entering the active phase of the repair campaign. And, above all, on the networks, where recent hydraulic tests revealed almost two hundred damages.

According to the director of the Territorial Heat Supply Administration in Ulyanovsk, Marat Fetkullov, in the regional center there is a reduction in unpleasant incidents occurring on heating networks from year to year.

There is a trend towards a decrease in incidents during the heating season, and we hope that in the future we will reduce them to a minimum,” says Fetkullov.

Energy companies often hear complaints against them due to high tariffs. At the same time, consumers do not think about what these tariffs consist of. The heat tariff consists of several items, which include the purchase of gas and water, and the transportation of the finished product. It is because of this, by the way, that consumers have different numbers in their bills - for example, the price of thermal energy per gigacalorie at the exit from the station is 700 rubles, and due to transportation through the networks of UMUP "Teploservice" it grows to 1700!

DEVELOPMENT BRAKE – OLD DEBT

Currently, Ulyanovsk residents' debts to T Plus have grown to 3.3 billion rubles, and this is the main reason for the underfunding of the modernization program at the enterprise. According to the director of the Ulyanovsk branch of Energosbyt Plus OJSC Sergei Guzhev, all accidents that occur, including on networks, are a consequence of underfunding of repair programs: “How much our consumer owes us, we cannot budget for that amount of work. , which we have planned for the beginning of the year. Speaking about reducing accidents, it should be noted that this is simply a heroic achievement of our personnel. This means that we competently build a hydraulic circuit, pay more attention to our equipment, and install more gentle modes for the consumer.” It was not possible to stop the growth of accounts receivable in any region, and with the onset of the crisis the problem only worsened. Nevertheless, the company continues to invest its own funds, including in social facilities in Ulyanovsk.

SAVING IS NOW PROFITABLE

So, last year, T Plus partner, the company ES Garant, entered into an energy service contract for the installation of a weather control system in budgetary institutions in the city of Ulyanovsk. Such equipment allows you to significantly save energy resources by regulating the temperature in apartments depending on the temperature outside the window. Thus, based on the results of the last heating season, the total cost savings for 53 budgetary institutions amounted to 17 million rubles. When asked by a journalist from the site what the resource supply organization benefits from this, the company responded that T Plus’s main priority is to sell exactly as much as the consumer is willing to pay for.
“Given the situation the country is in now, it is clear that no one has extra money. Why ship products worth 17 million rubles? more and at the same time get even more debt from public sector employees. It is more profitable for an enterprise to produce as much as the client requires and can pay for,” said Sergei Guzhev.

Weather regulation is also very beneficial for ordinary consumers. All residents need is to get together and decide to install such equipment in their house, says Igor Zhuravlev. – In the end, you can save up to 70% of money, that’s crazy money! In Ulyanovsk, about three hundred houses are equipped with weather control devices. In total, T Plus in our city serves about 3800 objects, that is, 80%.

“T PLUS” CALLS FOR A TRANSITION TO DIRECT SUBSCRIBING

The company has been thinking about switching to direct payments to customers for a long time. Now Ulyanovsk residents have the opportunity to enter into a direct agreement with the RSO, which will ensure transparency in the expenditure of funds and deprive unscrupulous managers of the management company of the opportunity to withhold funds received from residents to pay for heat in their accounts.

Now in Ulyanovsk, hydraulic tests are being completed, due to which hot water was turned off in many areas. Identified damage to heating networks is repaired as soon as possible. Where no damage was found, the hot water supply was turned on within three days - for the most part, this time is enough for the T Plus branch to check the reliability of the heating networks.

Victor Doronin
photo corpomir.ru

ULYANOVSK REGIONAL COURT

ULYANOVSK REGIONAL COURT

Judge Mikhailova O.N. Case No. 33-3873/2016

A P E L L Y C I O N N O E O P R E D E L E N I

Judicial panel for civil cases of the Ulyanovsk Regional Court consisting of:

presiding Miryasova N.G.

judges Gerasimova E.N., Fomina V.A.

under secretary S.V. Shtukaturov

considered in open court the case on the appeal of the open joint-stock company for energy and electrification of the Ulyanovsk region "Ulyanovskenergo" against the decision of the Zheleznodorozhny District Court of Ulyanovsk dated May 27, 2016, according to which it was decided:

Recognize illegal the actions of the open joint-stock company Ulyanovskenergo in calculating and collecting fees for electricity, including for electricity provided for common household needs from September 1, 2014, obliging the open joint-stock company Ulyanovskenergo to stop charging and collecting fees from Kondratyeva E*** A***, Kondratieva N*** B*** payments for electrical energy, including those provided for general house needs.

Oblige the open joint stock company Ulyanovskenergo to recalculate payments for electrical energy, including for electrical energy consumed for general house needs from the moment of unilateral refusal to fulfill the energy supply contract with the management organization.

Having heard the report of judge Miryasova N.G., the explanations of the representative of the defendant Andreyonok N.A., who supported the arguments of the appeal, the judicial panel

U S T A N O V I L A:

Kondratieva E.A., Kondratiev N.V. filed a claim, clarified during the trial, against OJSC Ulyanovskenergo to recognize as illegal the actions of OJSC Ulyanovskenergo to charge and collect fees for electricity provided for general household needs, to impose the obligation to terminate actions to accrue and collect fees for electricity provided for general house needs, imposing the obligation to exclude from the payment document the charge for electricity provided for common house needs, compensation for moral damage.

The demands were motivated by the fact that they are the owners of the apartment located at the address: Ulyanovsk, st. K*** The apartment building is managed by OJSC City Management Company of the Zheleznodorozhny District. Until 01.09.2014, payments for electricity were paid to OJSC “GUK Zheleznodorozhny District” through the payment agent LLC “UF “RITs”. From 01.09. 2014, electricity charges are collected directly by Ulyanovskenergo OJSC, which does not comply with the requirements of the Housing Code of the Russian Federation, the Rules for the provision of utility services to owners and users of residential premises in apartment buildings and residential buildings.

They were not notified of the terms of the electricity supply agreement with OJSC Ulyanovskenergo, including the essential conditions. Currently, as a result of an unauthorized transfer to direct subscription of OJSC Ulyanovskenergo, they, like other owners and users of premises, are incurring losses, since they pay for the full amount of electricity based on the readings of a common house meter. Thus, direct subscription to OJSC Ulyanovskenergo infringes on their rights as consumers.

The provider of public utilities is OJSC "GUK Zheleznodorozhny District". Payment by citizens (including plaintiffs) living in apartment building No. *** on K *** Street for electric energy directly from Ulyanovskenergo OJSC does not indicate the emergence of contractual obligations between the resource supply organization and citizens.

In the summer of 2015, they contacted Ulyanovskenergo OJSC with a complaint, in which they asked to eliminate the violation, but to date no response has been received.

They asked to recognize as illegal the actions of Ulyanovskenergo OJSC to charge and collect fees for electricity provided for general household needs for the period from September 1, 2014 to February 29, 2016, to impose an obligation to terminate actions to charge and collect fees for electricity, including electricity provided for general house needs, imposing the obligation to exclude from the payment document the charge for electricity, including for electricity provided for common house needs for the period from September 1, 2014 to February 29, 2016, to recover compensation for moral damages of 2,500 rubles to each plaintiff.

Having considered the stated claims on the merits, the court made the decision given above.

In the appeal, OJSC Ulyanovskenergo asks to cancel the court decision and make a new decision to refuse to satisfy the claims.

The complaint is motivated by the fact that the court did not take into account the fact that from September 1, 2014, the management company OJSC GUK Zheleznodorozhny District actually stopped purchasing electricity from OJSC Ulyanovskenergo for the needs of the specified apartment building. From this period of time, the supply of electricity to the plaintiffs is carried out directly by OJSC Ulyanovskenergo, and residents, including the plaintiffs, actually consume the supplied electricity. It is believed that the court did not take into account that if Ulyanovskenergo OJSC is charged with recalculating (refunding) the payment for electricity, the plaintiffs will have to return what they received for this payment (electricity consumed), which is virtually impossible. It is believed that the fact that the recipient of the amount during the disputed period for the service provided was an improper person does not indicate a violation of the rights of the plaintiffs, who by force of law are obliged to pay the costs of electricity supply for general house needs. Recalculation of the volume of electricity consumed when using common property in an apartment building was carried out in accordance with the standards. The amounts billed to the plaintiffs for payment were equivalent to the amounts previously billed by the management organization. It is believed that the plaintiffs abused their right by going to court with demands similar to the claims considered on February 19, 2016 in the Zasviyazhsky District Court of Ulyanovsk. It is believed that the court had no grounds for collecting compensation for moral damage, since the plaintiffs did not present sufficient evidence confirming that the defendant’s actions caused them physical and moral suffering.

The case was considered in the absence of the plaintiffs, who were duly notified of the time and place of the hearing.

Having checked the case materials and discussed the arguments of the appeal according to the rules of Part 1 of Article 327.1 of the Civil Procedure Code of the Russian Federation, the judicial panel comes to the conclusion that there are no grounds for canceling the decision.

As follows from the case materials, plaintiffs Kondratyev N.V. and Kondratyeva E.A. are co-owners of apt.*** d.*** on the street. K*** Ulyanovsk. The management of the apartment building is carried out by OJSC City Management Company of the Zheleznodorozhny District.

During the consideration of the casecourt of first instanceIt was established that an energy supply agreement was concluded between OJSC Ulyanovskenergo and OJSC City Management Company of the Zheleznodorozhny District on July 1, 2008, providing for the sale of electrical energy for the purpose of its use in the provision by such utility providers of utility services for electricity supply to users of premises in apartment buildings under its management.

At the same time, OJSC Ulyanovskenergo unilaterally refused to fulfill the contract with the management company managing the apartment building at the address: Ulyanovsk, st. K***, due to the presence of a debt to him for the supplied energy in an amount exceeding its cost for three billing periods, and from 09/01/2014, Ulyanovskenergo OJSC makes calculations and issues, including to the plaintiffs as owners of residential premises , to pay a receipt for consumed electrical energy for general house needs in the absence of a decision of the general meeting of premises owners to pay for consumed electrical energydirectly to the resource supplying organization.

As follows from the statement of claim and the plaintiff’s explanations given at the court hearing, Kondratiev E.A. and N.V. are challenging the accrual and collection of payments by the defendant for electrical energy for common household needs (GDN).

In deciding to partially satisfy the stated claims, the court correctly determined the legally significant circumstances and reasonably came to the conclusion that the grounds provided by law for refusing to satisfy the Kondratyevs’ claims had not been established.

The court's conclusion is motivated, corresponds to the evidence collected in the case, and there are no grounds for recognizing it as incorrect.

We cannot agree with the arguments of the appeal for the following reasons.

By virtue of Articles 153, 154 of the Housing Code of the Russian Federation, citizens and organizations are obliged to pay for housing and utilities on time and in full. Payment for residential premises and utilities for tenants and owners of residential premises in multi-apartment buildings includes payment for electricity supply.

Owners of premises in an apartment building are required to choose one of the methods of managing the building: direct management by the owners of the premises; management of a homeowners' association or housing cooperative or other specialized consumer cooperative; management of the management organization (part 2 of article 161

When choosing to manage a house by a homeowners' association, housing or other specialized cooperative, these organizations are responsible for the maintenance of common property in this house and for the provision of utilities, the quality of which must meet established requirements. When concluding a management agreement with a management organization, the partnership or cooperative controls the management organization’s fulfillment of its obligations under the agreement, including the provision of all services, the performance of work to ensure the proper maintenance of the common property in the house, and the provision of utilities.

When managing an apartment building by a management organization, it is responsible to the owners for the provision of services, performance of work that ensures proper maintenance of the common property in the house and the quality of which must meet the established requirements (parts 2.2, 2.3 of Article 161 of the Housing Code of the Russian Federation).

According to Part 7.1 Article 155 Housing Code of the Russian Federation, on the basis of a decision of the general meeting of owners of premises in an apartment building, the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or lease agreements for residential premises of the state or municipal housing stock in a given building may pay for all or some utilities to resource providers organizations.

In accordance with paragraph 17 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, the resource supplying organization is the executor of the utility service, enters into contracts with consumers, and begins to provide utility services in the following cases:

When directly managing an apartment building;

In an apartment building in which the control method has not been selected;

In residential buildings (households).

In other cases, according to paragraphs 8, 9 of the Rules, the provider of utility services for the owners and users of premises in an apartment building is a management organization, a homeowners' association, a housing cooperative, or another specialized consumer cooperative. The conditions for the provision of utility services are determined in the management agreement for the apartment building.

From the above it follows that the procedure for paying for utilities in an apartment building depends on the management method chosen by the residents, and the right to charge and collect fees for utility services provided to the owners and tenants of the premises of apartment buildings belongs to the person, including the resource supplying organization, on the basis adopted in the established by law, the procedure for the decision of the general meeting of owners of premises in an apartment building on payment of fees for utility services to a specific resource supplying organization.

Thus, OJSC "Ulyanovskenergo" in the absence of legal grounds, makes calculations and requires residents of apartment buildings, the method of management of which is determined in accordance with housing legislation, to pay for utility resources spent on general house needs.

Current legislation does not grant resource supplying organizations the right to collect payment from consumers for utilities consumed for general house needs; therefore, such organizations do not have the right to make calculations and demand directly from residents of apartment buildings served by management companies payment for utility resources spent for common house needs, as well as compensation for losses, since they are not contractors and do not manage apartment buildings, and therefore are not responsible for the quality of utilities and services for the maintenance of common building engineering networks.

Under such circumstances, there are no grounds for overturning the decision of the trial court.

The court's decision in the case regarding the prosecutor's claim, which is referred to by the defendant, cannot serve as an obstacle to citizens turning to court with independent demands. The Kondratievs' claim contains claims of a substantive nature that were not resolved when considering the prosecutor's claims.

Since the plaintiffs’ demands arise from relations in the provision of public services, the court of first instance, based on the provisions of the legislation on the protection of consumer rights, having established a violation of the plaintiffs’ rights, recovered compensation for moral damages from the defendant.

The circumstances of the case were examined by the court with sufficient completeness, all evidence presented by the parties was given a proper assessment. The court applied the substantive and procedural laws correctly.

Based on the above, the court’s decision is correct and cannot be overturned based on the arguments of the appeal.

Guided by Article 328 of the Civil Procedure Code of the Russian Federation, the judicial panel

O P R E D E L I L A:

The decision of the Zheleznodorozhny District Court of Ulyanovsk dated May 27, 2016 was left unchanged, and the appeal of the open joint-stock company for energy and electrification of the Ulyanovsk region "Ulyanovskenergo" was not satisfied.

State the operative part of the decision as follows:

The claims of Kondratieva E*** A***, Kondratieva N*** V*** are partially satisfied.

Recognize illegal the actions of the open joint-stock company "Ulyanovskenergo" to accrue and collect fees for electricity provided for general house needs from September 1, 2014, obliging the open joint-stock company "Ulyanovskenergo" to stop accrual and collection from Kondratyeva E*** A***, Kondratyeva N *** B*** fees for electrical energy provided for general household needs.

Oblige the open joint stock company Ulyanovskenergo to recalculate payments for electrical energy consumed for general house needs from the moment of unilateral refusal to fulfill the energy supply contract with the management organization.

To recover from the open joint-stock company "Ulyanovskenergo" in favor of Kondratyeva E*** A***, Kondratyeva N*** V*** 1000 rubles each in compensation for moral damage.

The rest of the claims are rejected.

To recover from the open joint-stock company "Ulyanovskenergo" for the income of the municipal formation "city of Ulyanovsk" the cost of paying a state fee in the amount of 300 rubles.

Presiding

On January 28, Governor Sergei Morozov visited the updated customer service office of the Ulyanovsk branch of EnergosbyT Plus and discussed the current situation with the company management.

The instruction on the need to adopt a federal law providing for the transition to a system of direct contractual relations between consumers of utility services and resource supply organizations was given by the President of the Russian Federation Vladimir Putin following a press conference held on December 14, 2017. After this, a bill was developed on the directive conclusion of direct contracts between the owners of premises in apartment buildings and resource supply organizations. But current legislation allows us to begin this work.

“Most of the questions that residents ask concern payments for housing and utility services. Therefore, the transition to direct contracts is, first of all, the creation of a transparent system of payments for heat and hot water, direct interaction between the consumer and the company. It is important that this system eliminates the possibility for unscrupulous management organizations to divert the owners’ funds for inappropriate use and thereby create debts to resource suppliers,” noted Sergei Morozov.

Deputy Minister of Industry, Construction, Housing and Communal Services and Transport of the Ulyanovsk Region Alexander Cherepan informed the head of the region that work on transferring to direct contracts is being carried out by all resource supply organizations in the region. Consumers of OJSC Ulyanovskenergo have almost completely switched to direct subscription; preparatory work is underway at the municipal unitary enterprise Ulyanovskvodokanal.

Proposals of the Interregional public organization of gardeners, gardeners, and summer residents “Blossoming Motherland” on the issues of individual subscription of owners of garden plots to the SNO.

1. Initially, it is necessary to clearly define the concept of “electricity consumers in the territory of horticultural education.”

The Civil Code of the Russian Federation (Article 545) establishes that a subscriber can transfer energy received from the energy supply organization through the connected network to another person (sub-subscriber) only with the permission of this organization. Thus, the energy supply agreement cannot be applied in the relationship between the subscriber and the subsubscriber, since the relationship between them cannot be classified as public - the sale of electricity is not typical for the subscriber (a horticultural non-profit entity), since it is not and cannot be an energy supply organization, moreover , it can transmit electricity through its networks only with the consent of the guaranteeing supplier (energy supplying organization).

The regulations issued during the reform period do not regulate the issue of supplying electricity to sub-subscribers due to the requirements of Federal Law No. 35-FZ “On Electric Power Industry” on division by type of activity. The owner of the network or other legal owner can only provide services for the transmission of electricity, but does not have the right to supply it on his own behalf. In this case, the energy supply agreement is concluded between the subsubscriber and the supplier of last resort. The latter is obliged to resolve issues related to the provision of electricity transmission services with the owner of the networks. According to the rules of non-discriminatory access (Approved by Government Decree No. 861 dated December 27, 2004), subscribers have the right to provide services for the transmission of electrical energy using their network facilities after approval of the appropriate tariff for these services, while, as a general rule, subsubscribers must still enter into an agreement for the provision electricity transmission services with the network organization to whose networks the power receiving devices (grid facilities) of subscribers are connected, through which electricity is supplied to the sub-subscriber. However, the legal status of horticultural entities, namely a non-profit organization, prohibits engaging in entrepreneurial activities, i.e. making a profit.

On the other hand, it should be noted that the legal norm of Art. 545 of the Civil Code is interpreted as the right to transfer electricity to another person, but not the obligation, which makes it possible for the subscriber not to exercise this right, that is, not to transfer electricity to a sub-subscriber.

Owners of garden plots who are members of a horticultural education make a reimbursable payment for the consumed electricity to the cash desk of the horticultural education, plus the costs of external lighting of driveways and driveways within the SNT, in accordance with the Rules and Standards of fire safety, water pumping, a guardhouse and other general electricity consumption for infrastructure, according to the annual budget approved at the General Meeting. From these amounts, settlements are made with the guaranteeing supplier (energy supply organization). Payment for consumed electricity, as well as receiving money from an individual in a horticultural non-profit education, entails prosecution as unjust enrichment in accordance with paragraph 1 of Art. 1102 of the Civil Code of the Russian Federation.

With such individual-selective subscription within horticultural education, according to Art. 114 of the Rules for the functioning of retail markets, subscribers (horticultural entities) who own, by the right of common joint or common shared ownership, electric network property (power receiving devices), to which the power receiving installations of sub-subscribers (individuals) are connected, are subject to unusual obligations, since the supplier is not a guaranteeing supplier, but the subscriber independently bears responsibility to consumers-subsubscribers for the reliability of electricity supply and its quality. It follows from this provision that the subscriber bears full responsibility for possible damage caused in the event of a power supply interruption, while the obligation to conclude an appropriate agreement between the subscriber and the subsubscriber is not legally established, and for non-profit horticultural entities it is prohibited. Moreover, according to the Rules of Non-Discriminatory Access, any measures of influence cannot be applied to a sub-subscriber. Citizens and members of horticultural education are also subject to additional financial burdens transferred from sub-subscribers who are exempt from obligations to horticultural organizations to pay for excess losses, and electricity consumption for the general needs of horticultural education.

The presence of sub-subscribers at the subscriber also does not affect the right of the guaranteeing supplier (energy supplying organization) to limit and suspend the supply of electricity if the subscriber violates the terms of payment for electricity. In accordance with the Resolution of the Presidium of the Supreme Arbitration Court No. 10998/04 dated March 1, 2005, subscribers who have entered into energy supply contracts bear independent obligations to pay for electricity, regardless of the actual payment by sub-subscribers, and therefore the limitation of electricity supply provided for in the energy supply contract If the subscriber fails to fulfill the obligation to pay for electricity within the time period prescribed by the contract, this does not contradict Art. 546 of the Civil Code of the Russian Federation, which defines cases of limitation or interruption of electricity supply

2. The current situation on selective individual subscription.

Selective individual subscription of owners of garden plots within horticultural entities carries negative consequences, both for citizens - members of horticultural entities, represented by a non-profit horticultural entity, and for network regional organizations and the guaranteeing supplier (energy supply organization), which, at least at the moment, leads to to numerous legal proceedings, including with the participation of MO "Flourishing Motherland" as a 3rd party, in arbitration courts on facts of violation of regulatory provisions, in contractual relationships, especially in matters of payment for consumed electricity, between the supplier of last resort ( energy supply organization) and horticultural non-profit education.

In order to get out of the current situation with individual subscriptions, below is information based on practice on the complete transfer of owners of garden plots in horticultural non-profit entities to individual subscriptions.

MO "Blossoming Motherland" was developed detailed Methodology with explanations on the complete transition to individual subscription, which will be available to order in the near future. This Methodology will have a registration number, with the possibility of subsequent appeal by those who received this Methodology to receive free organizational and legal assistance in the implementation of work on a full individual subscription.

We appeal to our citizens - owners of garden plots with a proposal. If you think that the work we are doing is necessary and useful, then you can support our public organization, since it exists only on contributions from its members, by joining its ranks (membership fees are 30 rubles per person per year) or a sponsorship fee, as well as letters - appeals in support of the ongoing work regarding the complete transition to individual subscriptions.

Basic provisions transfer of owners of garden land plots to SNT for conclusion
individual energy supply contracts
(individual subscription)

These provisions are based on the provisions of civil and housing legislation, legislative and regulatory acts on the electric power industry, as well as Federal Law No. 66-FZ of April 15, 1998. “On gardening, gardening and dacha non-profit associations of citizens” (hereinafter referred to as Law No. 66-FZ) and are aimed at positively solving problems associated with the transition of gardening partnerships to the conclusion of direct individual energy supply contracts by all owners of land plots and buildings located on them (as members of SNT , and by persons running their own farms individually on the territory of SNT).

These provisions were developed by the Interregional public organization of gardeners, gardeners, summer residents "Blooming Motherland", based on the positive experience of interaction between the SNT "Urozhainoye" of the Kashira district of the Moscow region and the Kashira territorial department of OJSC "Mosenergosbyt" using the existing experience of other SNTs, and require mandatory adoption , in accordance with the Legislation, at a general meeting of land owners (both members and non-members of SNT), decisions on 100% individual subscription.

The right to conclude energy supply agreements between citizens and energy supply organizations (hereinafter referred to as ESO) is granted by law on the basis of Art. 161 part 1,2,3 and article 164 part 2 of the Housing Code of the Russian Federation, by analogy with which owners of land plots (both members and non-members of SNT) have the right at a general meeting to choose individual subscription as a way to manage energy supply in SNT, and also on the basis of Art. 3 and Art. 37 (clause 2) of Federal Law No. 35-FZ of March 26, 2003 “On the Electric Power Industry” and paragraph 61 of the Rules “Basic Provisions for the Functioning of Retail Electricity Markets” (hereinafter referred to as the Rules of the OPFRR), approved by Decree of the Government of the Russian Federation No. 530 of August 31, 2006 (as amended by Decree of the Government of the Russian Federation No. 1242 of December 31, 2010), according to which the Guarantee Supplier of Electricity, subject to certain conditions, is obliged to conclude an Energy Supply Agreement with any person who applies to it.

The procedure for concluding such agreements and the necessary conditions imposed on the applicant are regulated by clauses 61,62,64 and 71 of the Rules of the OPFRR, section II (clause 3) and section III (clauses 19,20,25 and others) of the “Rules for the provision of utilities services to owners and users of premises in apartment buildings and residential buildings" (hereinafter referred to as the PKU Rules), approved by Decree of the Government of the Russian Federation No. 354 of 05/06/2011.

Below is a simplified list of step-by-step activities that need to be carried out by citizens and the SNT Board, in close cooperation with the Guarantee Supplier of Electricity (energy supply organization) and the territorial network organization:

1. SNT must hold a general meeting of SNT members (and, if necessary, a general meeting of owners of land plots and buildings located on them, both members and non-members of SNT). At this meeting, a Decision is made on 100% individual subscription, i.e. on the method of managing energy supply in SNT through the conclusion of individual direct Energy Supply Agreements.

In order to eliminate possible legislative difficulties associated with the termination or amendment of energy supply contracts between SNT (legal entity) and the energy supplying organization, it is recommended that the start date of individual contracts be linked to the expiration date of the current Energy Supply Agreement between SNT and the energy supplying organization, i.e. from January 1 of the following of the year. It is recommended to hold the meeting in the first half of the year, and use the available time to solve all the following tasks related to the conclusion of individual contracts by a large number of citizens, their compliance with the relevant regulatory requirements and the preparation and execution of a package of documents necessary for concluding an individual energy supply contract. (Appendix No. 1).

2. The Decision adopted at the general meeting is handed over to the head of the Guaranteeing Supplier along with a Letter informing about SNT’s intention to switch to individual subscriptions from the date specified in the Decision.

3. In order to successfully conduct the event and resolve all issues that may arise for both parties in the process of its implementation, it is advisable to hold a meeting of representatives of SNT and the energy supply organization and conclude an agreement (document of intent) detailing the issues raised, agree on the responsibilities of the parties for fulfillment of the conditions put forward by the parties within the framework of regulations. (The list of issues recommended for agreement by the parties is given in Appendix No. 2).

4. The primary activity that needs to be carried out by SNT is the preparation of individual electricity metering units for presentation to the energy supply organization in accordance with the technical conditions agreed upon at the above meeting.

As part of this event, meters are replaced or verified, the height of their installation is checked, as well as their sealing by ESO representatives. In addition, metering units and inputs to the building are checked for compliance with the PUE Rules.

5. As individual metering units are ready for acceptance by the representative of the ESO, the board step by step, in accordance with Article 26 (clause 4) of the Law 35-FZ “On Electric Power Industry” and clause 27 “Rules for the technological connection of power receiving devices of electrical energy consumers ... to electrical networks” in edition of the Decree of the Government of the Russian Federation No. 334 of April 21, 2009. (hereinafter referred to as the PTP Rules), helps to formalize SNT members who enter into individual energy supply contracts with MES, the following documents:

• power resolution
• act on technological connection
• an act on the delimitation of balance sheet ownership and technological responsibility between the owner of the site, SNT and the network territorial organization.
  Documentation are issued on the basis of an application from members of the SNT - owners of the land plot with application:
• photocopies of passport
• photocopies of the building certificate and land plot certificate
• single-line diagram of the metering unit.

The attention of the heads of network and energy supply organizations is hereby drawn to the fact that in the event that 0.4 kV overhead lines, 10 kV overhead lines and step-down transformers are not transferred to the balance sheet of the territorial network organization and their maintenance is carried out at the expense of SNT members, the execution of the above documents must be carried out exclusively SNT Board. Particularly unacceptable are cases of these organizations issuing Power Permits without the knowledge of the SNT management when individual citizens - members of the SNT apply, indicating that the power used is overestimated, which is a direct interference in the internal affairs of the SNT.

The issuance of a power permit to each member of the SNT is carried out on the basis of the decision of the general meeting on the redistribution between members of the total power within the power allocated to the gardening partnership in accordance with the permit issued by the territorial network organization.

Since the main thing when agreeing on the Act on the delimitation of balance sheet ownership is the correctness of drawing the boundaries of balance sheet ownership between a member of SNT, SNT networks, which are common joint property, and the territorial network organization, as well as the correctness of determining the boundaries of the operational and technological responsibility of the electric grid and supplying organization, then in order ensuring the quality of electricity, indicating in the documents the “point of connection” of the subscriber and the installation location of the metering device, in order to properly fulfill contractual obligations for the supply of electricity to citizens with a voltage of 220-380V, it seems advisable to draw up and agree on a “standard” (impersonal) for a specific SNT, specified above Act, with the attachment of an agreed upon Act, issued specifically to one of the members of the SNT (for example, to the chairman of the board). In this case, acts for the remaining members of the SNT are signed by the chairman of the board, responsible for the electrical facilities and the owner of the land plot, and then submitted to the MES, without the approval signature of the electrical grid organization. There may be other options.

At the same time, the “point of connection” of the electrical facilities of an individual SNT member in the specified Acts, in order to conclude an individual Energy Supply Agreement and fulfill contractual obligations for the supply of household electricity (380/220V) from the ESO and for payment for it from the consumer, in accordance with paragraphs 16.1 and 25.1 of the PTP Rules and paragraph 5 of the PND Rules, there will be a point located on the insulators of the support, from which a branch extends to the entry into the building of the corresponding member of the SNT. At the same time, the boundary of operational (technological) responsibility for a network organization remains at the “point of connection” of SNT networks (common joint property of SNT members) to the networks of this organization.

6. The documents necessary for concluding an individual energy supply contract are submitted to the ESO in stages along with the corresponding personal Application in the manner agreed upon by the parties. At the same time, the application or single-line diagram of the electricity metering unit must necessarily contain notes from the ESO inspector about the acceptance of the metering unit and its sealing, indicating the brand and serial number of the meter, as well as the meter readings on the day the documents were submitted.

By the end of December of the expiring year, applications with completed documents from all SNT members must be submitted to the ESO, and the SNT Board at the beginning of December sends to ESO a letter on the termination of the Energy Supply Agreement between SNT and ESO from January 1 of the coming year due to the expiration of its validity and the conclusion of individual agreements by all members of SNT, which come into effect on January 1 of the coming year. At the same time, tariffs for people living in rural areas are applicable to citizens (including members of SNT) who have entered into individual energy supply contracts.

In case of any misunderstandings regarding this issue, MO “Flourishing Motherland” will provide any SNT with a full justification for the legality of this provision.

Chairman of the Presidium of the NGO “Flourishing Motherland” V.V. Shatalinsky

Appendix No. 1.

SCROLL
documents required for submission
to Mosenergosbyt (other energy supply organization)
for the purpose of concluding an individual energy supply contract

1. Application for concluding an agreement;

2. Single-line energy supply diagram (including a diagram of the electricity metering unit) with a mark on acceptance of the metering unit and its sealing;

3. Permission for the power used, issued by the SNT board;

4. Act on technological connection. Issued by the SNT board on SNT letterhead. Coordination with the territorial network organization is possible;

5. Act on the division of balance sheet ownership and technological (operational) responsibility. Coordination with the territorial network organization is possible. Issued by the SNT board on a form;

6. A photocopy of the title document for the land plot or building (the copy is certified by the SNT seal);

7. A photocopy of the passport of the owner of the land plot or building on the land plot (for the correct execution of the contract).

Appendix No. 2.

1. Technical specifications for the equipment of electricity metering units. Issued to the SNT in one copy, and the SNT applies them to each member of the SNT who is the owner of a land plot;

2. The procedure and timing for acceptance of metering units by the ESO representative and sealing of both meters and power limiters in accordance with the power permit issued to the SNT member by the board of the partnership;

3. The procedure for drawing up and approving Acts on technological connection and delimitation of balance sheet ownership;

4. The procedure and deadlines for submitting applications for concluding an individual energy supply contract and the necessary documents;

5. The procedure for expiring the power supply agreement between SNT and ESO or agreeing on changes to it;

6. Conditions for applying to persons who have entered into individual contracts the tariffs applied to the population living in rural areas.

Note:
a) Careful attention must be paid to the obligations of the parties on each agreed upon point.

b) Negotiations are recommended to be conducted in the interests of all members of the SNT, while issues regulated by regulations are resolved within the framework of legislation. Issues not regulated by law should be resolved within the framework of the interests of the parties.

From the site: Later we plan to announce a method for disseminating the proposed methodology in the horticultural community. Let us say right away that it will not be free, since a printed version is required. Those who are interested in financing the initial circulation, please contact the editor This e-mail address is being protected from spambots. You need JavaScript enabled to view it.