Denis Valentinovich Manturov Minister of Industry and Trade of the Russian ...
When paying for utilities, consumers see various abbreviations in receipts. It is important to know what is behind these letters and where the money is going. DHW is a hot water service. But what it includes and what it consists of, let's take a closer look.
Regulatory framework and definitions
Hot water, centrally supplied to consumers, in accordance with the provisions of the Decree of the Government of the Russian Federation No. 354 dated 06.05.2011, is one of the communal resources. A public service is the provision of a resource to a consumer by a service provider (provider).
That is, in the case of DHW, the utility is the supply of hot water required parameters in apartments of apartment buildings, dorm rooms, enterprises and public buildings (hospitals, laundries, kindergartens, etc.).
The heating network provides services for the supply of hot water to residents, and its responsibilities include the implementation of centralized heating of residential and public buildings.
Service features
The preparation of hot water for the needs of hot water supply takes place at centralized heating boilers, in the same place where the heating medium of the heating system is heated.
Boiler rooms can be connected to a looped DHW system or be dead-end - designed for a group of houses or one house (for example, roof-top boiler rooms). The closer the consumer is to the hot water source (boiler room), the better the service will be, the higher the water temperature. However, connection to loopback networks is preferable from the point of view of the reliability and continuity of the hot water supply.
The service includes:
- Boiler room service. Unlike heating, hot water supply is provided all year round, while boiler houses switch to summer (minimum) operating mode.
- Maintenance of tracks.
- Carrying out scheduled repair work on the networks.
The water heated in the boiler room for the open (open) DHW system enters the consumers' apartments through the supply water pipelines, being distributed through the internal domestic hot water supply networks.
It should be remembered that hot water cannot be used for cooking due to the presence of additives in it - special additives that reduce the level of scale formation on the inner walls of pipelines.
Hot water temperature at consumers is regulated by sanitary-legal norms and is + 50… + 65 ° С. In fact, it often does not exceed + 40 ° С.
This is due to heat losses during the delivery of the coolant along the routes (poor-quality pipe insulation, bursts) or due to the low temperature at the outlet from the boiler room. Boiler room operators adjust the output parameters based on the outside temperature.
The task of the service provider is to provide apartments with a communal resource of adequate quality. Sometimes the heating network justifies the poor-quality provision of services by the deplorable state of the networks - routes built in the last century that require overhaul, will not withstand the temperature difference in winter, if the parameters of the coolant at the outlet from the boiler room are maintained at the standard level.
It turns out to be a vicious circle - many residents often do not pay for hot water due to its low temperature or refuse this service altogether, switching to heating water with electric boilers. And the enterprises of the heating network cannot carry out repair work, tk. the debt of the population to pay does not give them an influx Money.
On the video about the DHW service
Outcome
Whether or not to pay for the DHW service, if it turns out to be of insufficient quality, is a purely personal matter. It is important to understand that deciding to go down the path of non-payment, you do not just need to generate debts. It is necessary to collect the evidence base according to the following scheme: make commission measurements of the water temperature, send the results to the company supplying the services. Be sure to get an official answer explaining the reasons for the poor quality of the service. Having collected a package of evidence, you can go to court to defend your rights.
Another shenanigans VK comfort
Preparation of hot water using in-house engineering systems (ITP) apartment building(in the absence of centralized hot water preparation in MKD).
The amount of payment for hot water supply (DHW) is calculated based on the readings of household metering devices and the corresponding tariffs for cold water and consumed Gcal used for preparing hot water. At the same time, the costs of maintaining and repairing in-house engineering systems and electricity used to prepare hot water are included in the payment for the maintenance and repair of the living quarters.
Individual heating station of our house (ITP)
Calculation for heating and hot water prepared in an apartment building on the basis of the RF Government Regulation No. 354 dated 06.05.2011
Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved by a Government decree Russian Federation dated May 6, 2011 No. 354, hereinafter referred to as the Rules. For the convenience of typing in a text editor, the formulas used are slightly modified and concretized in comparison with their writing in the Rules, which does not change their meaning in any way.
For an unambiguous understanding: in accordance with paragraph 2 of the Rules, "non-residential premises in an apartment building" is a premises in an apartment building that is not a residential premises and the common property of owners of premises in an apartment building. For example, a store, a sewing studio, an office building of some organization, etc. The calculation of the payment for such premises, as a rule, is similar to the calculation for a dwelling (apartment). In case of difference in calculations, they will be discussed separately.
Calculation and distribution of fees in accordance with clause 50 of the Rules between consumers living in a room (rooms) communal apartments MKD, carried out according to formulas 7, 8, 16, 19 and 21 of Appendix No. 2 to the Rules and in this case will not be considered.
I carry out the description of the calculations using the example of my own apartment building (hereinafter - MKD), which is equipped with the following metering devices:
1) collective (general building), installed in the heating point MKD (hereinafter - ODPU):
A) to determine the total volume (amount) of heat energy used for utilities"Heating" and heating of water for the utility service "hot water supply", the temperature of the coolant in the supply and return pipelines at the border of operational responsibility (hereinafter - ODPUTE);
B) to determine the volume (amount) of heat energy used for the utility service "hot water supply" (hereinafter - ODPUTe-gv);
C) to determine the volume of water used for the utility service "hot water supply" (hereinafter - ODUgv);
2) individual, installed in each residential (apartment) and non-residential premises (hereinafter - IPU):
A) to determine the volume (amount) of heat energy used for the utility service "heating" (hereinafter - IPUTE);
B) to determine the volume of hot water used for the utility service "hot water supply" (hereinafter - IPUgv).
The heat energy supplied from the city heating systems to the house is divided into two parts and, with the help of the equipment of the heat point, is used:
for the preparation of the heat carrier circulating in the closed-type MKD heating system;
for the preparation of hot water circulating in the open-type MKD hot water supply system.
In this case, the coolant itself, supplied from urban heating networks, is not taken away, but only the thermal energy contained in it is used.
In accordance with clause 40 of the Rules, the consumer of the utility service for heating and (or) hot water supply, produced and provided by the contractor to the consumer in the absence district heating and (or) hot water supply, makes the total payment for such a utility service, calculated in accordance with paragraph 54 of the Rules. Namely, it should include both a payment for a utility service provided to a consumer in a residential or non-residential premises, and a payment for a utility service provided for general household needs.
Consequently, in this case, consumers should be charged in the payment document for utility services "heating" and "hot water supply" without dividing into individual consumption and consumption for general household needs.
In accordance with clause 54 of the Rules, consumers of each residential (apartment) and non-residential premises must pay the contractor for the settlement period utilities, namely the heat provided for the “heating” utility service, and the heat and cold water provided for the “hot water” utility service.
When determining the amount of payment of consumers of each residential (apartment) and non-residential premises for the utility service "heating", the volume of heat energy used only for heating is distributed among all residential and non-residential premises in an apartment building in proportion to the size total area belonging (in use) to each consumer of residential or non-residential premises in an apartment building in accordance with formula 18 of Appendix No. 2 to the Rules:
Ro-i = Vte-o-d x (Si / Sd) x Tte
The amount of payment of consumers of each residential (apartment) or non-residential premises for the utility service "heating" (Po-i, rubles) is determined as the product of three components:
The volume (amount) of heat energy used for the billing period in the production of the utility service "heating" and determined as the difference between the measured amount of heat energy ODPUTE and ODPUTe-gv (Vte-o-d, Gcal);
The ratio of the total area of the i-th dwelling (apartment) or non-residential premises in the MKD (Si, sq. M) to the total area of all residential premises (apartments) and non-residential premises in the MKD (Sd, sq. M);
Heat tariff established in accordance with the legislation of the Russian Federation (Tte, rubles / Gcal).
When determining the amount of payment of consumers of each residential (apartment) or non-residential premises for the utility service "hot water supply", the cost is taken into account cold water and the cost of heat energy used for heating cold water in the production of utility services for hot water supply, distributed to each residential and non-residential premises in proportion to the volume of hot water consumed during the billing period in a specific residential or non-residential premises and is calculated according to formula 20 of Appendix No. 2 to the Rules :
Prv-i = Vgv-i x Txv + Vte-gv-d x (Vgv-i / Sum Vgv-i) x Tte
___________
Sum- mathematical sign "sum".
The amount of payment of consumers of each residential (apartment) or non-residential premises for the utility service "hot water supply" (Ргв-i, rubles) is determined as the sum of two components:
Products of the volume of hot water consumed by the consumer of each residential (apartment) or non-residential premises, determined for the billing period of the IPUgv (Vgv-i, cubic meters), and the tariff for cold water established in accordance with the legislation of the Russian Federation (Тхв, rubles / cubic meter .m);
The product of the volume (amount) of heat energy used during the billing period for heating cold water, determined by ODPUTe-gv (Vte-gv-d, Gcal), the ratio of the volume of hot water consumed by the consumer of each residential (apartment) or non-residential premises, determined during the billing period IPUgv (Vgv-i, cubic meters) to the total volume of hot water consumed by consumers of all residential (apartments) and non-residential premises, determined for the billing period of with the legislation of the Russian Federation (Tte, rubles / Gcal).
The consumption of HGVS (cold, hot water supply) at ODN is determined asthe product of the area of the MOS by the standard ODN,divided by the area of residential and non-residential premises and multiplied by the total area of the apartment, formula 15, paragraph 17 of Appendix 2 to the rules provision of utilities.
How ODUs for water are calculated if the house is installed ODPU?
In which document is this approved and formula No.?
Resolution of the Government of the Russian Federation No. 354 dated 06.05.2011.
The consumption of CHWS at the ODN is defined as the difference between the volumes of the ODPU and the total individual consumption of all residential andnon-residential premises in the house, divided by the total area of residential and non-residential premises and multiplied by the total area of the apartment, formula 11 paragraph 11 Appendix 2 to the rules for providing utilities.
What is a coolant component, a thermal energy component?
From 01.01.2013 by the Resolution of the REC of the Sverdlovsk RegionNo. 198-PC dated November 29, 2012. ,No. 207-PK and No. 209-PK dated 12/18/2012. tariffs for hot water service are charged for 2 component system: component for heating medium- hot water supply and component for thermal energy - hot water heating.
What is the formula for calculating the heating service, if the house is installed general house metering device?
Formula 3 according to paragraphs 42.43.
P (service fee) = V(the volume of the collective metering device) * S (apartment area) / S (the area of all premises of the house) * T (tariff)
Is it possible to pay for utility bills without leaving home?
Yes, if you have a bank card and the Internet bank service is activated. The details of the settlement organization are indicated along the right edge vertically.
Has handed over tickets for recalculation. Why are charges only for water withdrawn and sewerage? And the garbage collection and the elevator are not removed?
According to Resolutions of the Government of the Russian Federation No. 354 of 05/06/2011. Vii. Procedure for recalculating the amount of paymentfor certain types of utilities during the period of temporary absence of consumersin occupied living quarters.... P.86-89
Garbage collection and maintenance of elevator equipment are charged from sq. M of yourapartments, therefore they cannot be recalculated.
I could not transfer the readings of the IPU (individual metering device). How to be? Wait next month?
Our billing center allows residents to apply until the 5th day following settlement month to the accountant-consultant for recalculation of the IMU, provided that the house is not equipped with a KPU (collective metering device).
I receive my pension on the 13th. Will interest be charged?
Yes, the procedure for obtaining citizens' income does not affect the performance of his duties. According to article 155 of the Housing Code of the Russian Federation the deadline for payment for housing and communal services is the 10th day of the month following expired. According toparagraph 14 of article 155 Persons who untimely and (or) did not pay in full for housing and utilities (debtors) are obliged to pay the creditor a penalty in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, in force at the time of payment, from the amounts not paid on time for each day delays starting from the next day after the established payment deadline on the day of actual payment inclusive. Increase the amount of interest specified in this part is not allowed.
How will water be charged if the term for checking the meters has expired?
By Decree of the Government of the Russian Federation No. 354 of 05/06/2011. , if the period for checking the meters has expired, then 3 months will be calculated according to the average, then according to the consumption standard. For 3 months it is necessary replace counter.
My electricity meter is not reprogrammed, how is this service charged?
If residents do not reprogram their two-tariff or multi-tariff appliances by June 1, 2014electricity metering, i.e. will not bring the time intervals of the tariff zones into line for the correct metering of electricity, then the payment for the consumed electricity will be charged from them at a one-rate tariff. According to clause 34 (d) Resolutions of the Government of the Russian Federation No. 354 of 05/06/2011. Consumer is obliged: for the purpose of accounting for consumed and utilities services, use collective (general house), individual, general (apartment), room metering devices that meet the requirements of the legislation of the Russian Federation on ensuring the uniformity of measurements and have been verified.
How to get a refund if I made a mistake to another personal account?
Each case is individual, consult a consultant accountantclearing center for Tel. 33-75-18, 41-40-06 . If you find yourself on the same day, you need to return to the payment point and makerefund of payment. If you paid at our payment points and found later than the day of payment, you must write an application to the accountant-consultant,by attaching a copy of a passport with a residence permit or a copy of a title document with an appropriate address, an original payment receipt and a correct personal account.
In order to regulate the procedure for applying two-component tariffs for hot water, amendments were made to the RF Resolution No. 354 of 05/06/2011 and the RF Resolution No. 306 dated May 23, 2006. According to the amendments, when establishing two-component tariffs for hot water supply (hereinafter - DHW) " the amount of the hot water utility bill is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the hot water utility service and the cost of the component for heat energy used to heat cold water in order to provide the hot water utility service"(Paragraph 6 of clause 38 of Rules 354), while the authorized body of the constituent entity of the Russian Federation" establishes a standard for the consumption of thermal energy used for heating cold water for the provision of utility services for hot water supply"(Clause 32 (1) of Rule 306). And if the procedure for calculating the cost of hot water supply between a consumer and a utility service provider (hereinafter - IKU) was resolved (although to this day there are a huge number of cases of its violation), then in the calculation between IKU and a resource supplying organization (hereinafter - RSO) there have arisen and continue to arise disputes, especially in cases of equipping houses with general house metering devices, which determine both the volume of hot water consumption and the amount of heat energy in the composition of consumed hot water.
Heat in hot water supply: volume of consumption and cost to be paid
If we consider the consumption of hot water in the premises of an apartment building, then it is easy to establish cases in which, with the same volume of consumption of hot water, the consumption of heat in the composition of this water will be different. Such cases include the consumption of “cooled” hot water in the absence of circulation in the house by those tenants who wake up earlier in the morning or go to bed later in the evening. Obviously, water will be hotter with a long-term one-time consumption compared to many short-term switching-ons, even if the total volume of short-term switching-ons will be equal to the volume of long-term one-time consumption. During the inter-heating period, there is a significant difference in the temperature of hot water in houses of the same type (for which the same consumption standards are set), depending on the length of the hot water supply network from these houses to the RNO (the remoteness of the MKD from the boiler room) - residents of houses connected to the "end" segments of heating networks, usually enjoy less hot water than houses connected to the "transit" pipelines of the same networks.
Probably, in order to create a certain averaged unified calculation system, the Government of the Russian Federation decided to approve the norms for the consumption of heat energy for heating hot water supply and gave the right to establish such standards to the subjects of the Russian Federation, authorized. This excluded the possibility of determining the different cost of hot water (in rubles per cubic meter), for example, for residents of different apartments of the same apartment building. It should be noted that the different cost of hot water (in rubles per cubic meter) for residents of one house in different months is also excluded - after all, the calculation of the cost of a cubic meter of hot water consumed by a consumer should be based on the cost of a component for cold water, the tariff for which approved by the constituent entity of the Russian Federation, and the cost of the component for thermal energy, the tariff for which and the volume for each unit of water (heat standard for heating hot water supply) is also approved by the constituent entity of the Russian Federation. Thus, the cost of one cubic meter of hot water does not in any way depend on the actual heat consumption for heating this water (measured or calculated in any way), but is calculated based only on those parameters that are approved by the state authorities of the constituent entity of the Russian Federation.
If we talk about the amount of heat consumed for the purpose of hot water supply by the entire apartment building (hereinafter referred to as MKD), then, of course, such an amount can be determined by such a general house metering device (hereinafter referred to as OPU), which measures not only the consumption of hot water for the needs of hot water supply, but and the heat content of this water. The position of the overwhelming part of the RNO, which is that the heat supplied to the MKD is to be paid in full, is reasonable and logical. It is no less logical to determine the amount of heat energy in the composition of the hot water supply consumed by all MKD, according to the control unit, which allows this amount to be measured. At the same time, in the opinion of the indicated RNOs, there is no need to apply the standard for the consumption of thermal energy used for heating cold water for the provision of communal services for hot water supply, approved by the state authorities of the constituent entity of the Russian Federation. In the absence of a function for measuring the amount of heat in a common household hot water meter (and even more so in the absence of a control room at all), the same RNO consider the use of the heat standard for heating hot water already necessary.
The position, of course, is not devoid of logic, however, the current legislation of the Russian Federation does not give the right to choose whether to use the heat standard for DHW heating in the calculations or not. The norms on the use in the calculations of precisely the rate of heat energy used for heating cold water for the provision of public services for hot water supply are imperative, subject to unconditional execution. At the same time, the legislation of the Russian Federation simply does not contain any norms on the possibility of using the OPU readings in the calculations, which determine the amount of heat energy in the composition of the hot water supply. Thus, although it is logical, the use of such indications of the GDU in the calculations, is not based on the law, and therefore is illegal. At the same time, the use in the calculations of the heat standard for heating DHW is not a right provided for individual cases (for example, the absence of an OPU, or the absence of an OPU function for measuring the heat content in DHW), but an obligation for any cases, without exception.
From the above, it follows that when calculating the cost of hot water supply (both between the consumer and the service provider for hot water supply, and between the IKU and RNO), not actually consumed amount of heat energy for heating water is used to provide utility services for hot water supply, but the standard for heat consumption for heating hot water supply ...
What has the court found?
These circumstances were studied by the Arbitration Court of the Moscow Region, and then - on appeal - by the 10th Arbitration Court of Appeal, when considering the case on the claim of OOO Orekhovo-Zuevskaya Teploset against the HOA Avtoproezd (case No. А41-18008 / 16) to recover arrears on payment for heat energy. The Main Directorate of the Moscow Region “State Housing Inspectorate of the Moscow Region”, the Ministry of Construction and Housing and Utilities of the Russian Federation, and the Ministry of Construction and Housing and Utilities of the Moscow Region were involved in the case as third parties.
In the Decision of 12.12.2016 in case No. А41-18008 / 16 The CA of the Moscow region indicated:
« Directly, fully and objectively examining the evidence presented by the parties in support of the stated claims and objections, the court came to the following.
As established by the court, on September 26, 2012, the plaintiff and the defendant entered into a Heat Supply Agreement No. 240, according to which the plaintiff is an energy supplying organization, and the defendant is a subscriber.
In accordance with clause 1 of article 539 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) under an energy supply agreement, the energy supplying organization undertakes to supply the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy ...
On the basis of Article 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with the energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties. The procedure for payments for energy is determined by law, other legal acts or by agreement of the parties.
In accordance with the provisions of Article 157 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by the authorities state power constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation, at the tariffs established by the state authorities of the constituent entities of the Russian Federation in the manner prescribed by federal law.
Part 5 of Article 9 Federal law dated July 27, 2010 No. 190-FZ "On heat supply" it was established that tariffs for hot water in open heat supply systems (hot water supply) are set in the form of two-component tariffs using a component for a heat carrier and a component for thermal energy.
According to part 9 of article 32 of the Federal Law of December 7, 2011 No. No. 416-FZ "On water supply and wastewater disposal" tariffs in the field of hot water supply can be set in the form of two-component tariffs using a component for cold water and a component for thermal energy in the manner determined by the basis of pricing in the field of water supply and wastewater disposal, approved by the Government of the Russian Federation.
Clause 88 of the Basics of Pricing in the Sphere of Water Supply and Sanitation, approved by Decree of the Government of the Russian Federation No. 406 dated May 13, 2013, stipulates that tariff regulators establish a two-component tariff for hot water in a closed hot water supply system, consisting of a component for cold water and a component for thermal energy.
Thus, the executive authorities of the constituent entities of the Russian Federation in the field of price (tariff) regulation make decisions on the establishment of two-component tariffs for hot water in accordance with the norms of the current legislation.
In order to regulate the procedure for applying two-component tariffs for hot water, by the Decree of the Government of the Russian Federation No. 129 dated February 14, 2015 (entered into force on February 28, 2015), amendments were made to the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved Decree of the Government of the Russian Federation of May 6, 2011 No. No. 354 (hereinafter referred to as Rules No. 354), and the Rules for the Establishment and Determination of Norms for the Consumption of Utilities, approved by the Decree of the Government of the Russian Federation dated May 23, 2006 No. 306 (hereinafter referred to as Rules No. 306).
Clause 38 of Regulation No. 354 provides that in the case of establishing two-component hot water tariffs, the amount of the payment for the hot water utility service is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the hot water utility service, and the cost of the component for thermal energy used to heat cold water in order to provide utility services for hot water supply.
In accordance with paragraph 42 of Regulation No. 354, in the case of establishing two-component tariffs for hot water, the amount of payment for utility services for hot water supply provided to the consumer for the billing period in a residential building equipped with an individual or common (apartment) meter is determined in accordance with formula 23 Appendix No. 2 to Regulation No. 354 based on the readings of hot water meters and the rate of heat energy used for water heating, and in the absence of such a meter, based on the rate of hot water consumption and the rate of heat energy used for water heating.
At the same time, Regulation No. 354 does not provide for the use of heat energy as a public service, which corresponds to the provisions of Part 4 of Article 154 of the RF LC.
Considering the above, Regulation No. 354 provides for the distribution of heat energy used for heating cold water in order to provide utility services for hot water supply, within the framework of the standard for heat energy consumption for heating water in order to provide utility services for hot water supply.
In this regard, the relevant amendments made to Regulation No. 306 provide that the standard for the consumption of utility services for hot water supply is determined by establishing a standard for the consumption of hot water in a residential building and a standard for the consumption of thermal energy for heating water for hot water supply.
So, according to paragraph 7 of Regulation No. 306, when choosing a unit of measurement for consumption standards for hot water supply (hot water), the following indicators are used:
in living quarters - cubic meters meter of cold water for 1 person and Gcal for heating 1 cu. meters of cold water or cubic meters. meter of hot water for 1 person;
for general house needs - cube. meter of cold water and Gcal for heating 1 cu. meters of cold water per 1 sq. meter of the total area of the premises that are part of the common property in an apartment building, or cube. meter of hot water per 1 sq. meter of the total area of the premises that are part of the common property in an apartment building.
This principle ensures a fair distribution of heat energy for heating a cubic meter of water between all consumers, depending on the volume of hot water consumption. In this regard, the procedure for determining the amount of payment for utility services for hot water supply, established by Regulation No. 354, fully meets the requirements of the RF Housing Code and is established taking into account the exclusion of an unfair financial burden on citizens.
Thus, regardless of the presence of a collective (common house) metering device for heat energy in the hot water supply system of an apartment building, regardless of the heat supply system (hot water supply) (open or closed), and also regardless of the season (heating or non-heating), the amount of heat the energy used for heating water is determined according to the norms for the consumption of thermal energy for heating water for hot water supply established in accordance with the procedure prescribed by law.
Accordingly, in the presence of standards for the consumption of thermal energy for heating hot water, the readings of metering devices that measure thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supplying organizations.
There is no other procedure for determining the amount of payment for utility services for hot water supply in the case under consideration by Regulation No. 354.
Civil rights and obligations of a managing organization or an association of homeowners or a housing cooperative or other specialized consumer cooperative (hereinafter referred to as a partnership, a cooperative) to make payments for the resources necessary for the provision of utilities arise from resource supply contracts concluded in the manner prescribed by the Rules, mandatory when a management organization or a homeowners' association or a housing cooperative or other specialized consumer cooperative concludes agreements with resource supplying organizations approved by the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter, respectively, - Resolution No. 124, Rules No. 124).
According to subparagraphs "d", "f" of paragraph 17 of Rules No. 124, the procedure for determining the volumes of the supplied utility resource, the procedure for paying for utility resources are essential terms of the resource supply agreement.
At the same time, in conjunction with the requirements of Rules No. 124, when concluding a resource supply agreement, the Requirements for making payments for resources necessary for the provision of utilities, approved by the Government of the Russian Federation dated March 28, 2012 No. 253 (hereinafter referred to as the Requirements), shall also be applied.
Clause 4 of the Requirements establishes that the funds received by the contractor from consumers as payment for utilities are to be transferred in favor of resource-supplying organizations.
At the same time, clause 5 of the Requirements provides that the amount of payment of the utility contractor due to the transfer in favor of the resource supplying organization supplying a specific type of resource is determined depending on the payment by the consumer of the corresponding utility service in full size, specified in the payment document, or in case of partial payment, which fully corresponds to the above rules of Regulation No. 124.
Based on the above, the amount of payment of the utility contractor in favor of the resource-supplying organization is to be determined taking into account the amount of funds received from the consumers of utilities, as well as taking into account the volume of utility resources in the event that the resource-supplying organization supplies a utility resource of inadequate quality or with interruptions exceeding the established duration ...
In addition, managing organizations (partnerships, cooperatives), being the executors of utilities in an apartment building, acquire from resource-supplying organizations a utility resource not for resale, but to provide an appropriate utility service to consumers and pay for the amount of utility resource consumed in such an apartment building from payments received from consumers for a utility service.
In accordance with the Decision of the Supreme Court of the Russian Federation dated June 8, 2012 No. AKPI12-604, according to which, within the framework of Resolution No. 124, the managing organization, partnership or cooperative are not economic entities with independent economic interests that differ from the interests of residents as direct consumers of utilities. services. These organizations carry out activities for the provision of utilities on the basis of a management agreement for an apartment building and pay for the volume of utility resources supplied under a resource supply agreement only from the received payments from consumers. In this situation, the amount of payment for a utility resource under a resource supply contract should be equal to the amount of payment for a utility service paid by all consumers of utility services in accordance with the Rules for their provision.
Taking into account the above, regardless of the agreement, the parties are obliged to follow the peremptory norms that govern the procedure for settlements for the provided utilities.
According to clauses 10, 11 of part 1 of article 4 of the Housing Code of the Russian Federation, relations regarding the provision of utilities, payment for housing and utilities are regulated by housing legislation.
In accordance with the provisions of Article 8 of the Housing Code of the Russian Federation, the relevant legislation is applied to housing relations, including the use of engineering equipment, the provision of utilities, payment for utilities, taking into account the requirements established by the Housing Code of the Russian Federation.
Taking into account the foregoing, when concluding a resource supply agreement with persons managing an apartment building, and establishing conditions in it, including those regulating the procedure for terminating the supply of the corresponding type of communal resource to an apartment building, it is necessary, first of all, to be guided by the norms of housing legislation, in particular, Rules No. 124 subject to the provisions of Regulation No. 354.
Clause 5 of the Requirements establishes that the amount of the contractor's payment due to the transfer in favor of the resource supplying organization supplying a specific type of resource is determined in the amount of the payment specified in the payment document for a specific utility service charged to the consumer for this billing period in accordance with Rules No. 354 (if payment by the consumer in full), and if the consumer pays not in full - in the amount proportional to the amount of payment for a specific utility service in the total amount of payments specified in the payment document for work and services performed (provided) for this billing period.
Based on this, the homeowners' association is obliged to cover obligations to resource supplying organizations for the volume of utilities at the expense of funds received from consumers to pay for consumed utilities for hot water supply, that is, calculated on the basis of the rate of consumption of thermal energy used to heat water in order to provide utilities for hot water supply.
Based on the foregoing, the Moscow Region Arbitration Court considers that the stated claims are not subject to satisfaction.
Guided by the articles of Art. 110, 112, 162, 167-170, 176 of the Arbitration Procedure Code of the Russian Federation, Arbitration Court of the Moscow Region
DECIDED:
To refuse to satisfy the claims».
Tenth Arbitration Court of Appeal , having considered the appeal against the decision of the CA of the Moscow Region, Resolution of 17.04.2017 No. 10AP-805/2017 in case No. A41-18008 / 16, by which he repeated the arguments of the court of first instance, additionally stating:
« The arguments of the appeal repeat the arguments of the claim, were reasonably rejected by the court of first instance.
Taking into account the totality of the circumstances set forth, the appellate court does not find the grounds provided for by law for re-evaluating the findings of the first instance court and satisfying the requirements of the appeal.
Guided by Articles 266, 268, paragraph 1 of Article 269, Article 271 of the Arbitration Procedure Code of the Russian Federation, the court
DECIDED:
The decision of the Arbitration Court of the Moscow Region of December 12, 2016 in case No. А41-18008 / 16 shall be left unchanged, the appeal - dismissed».
conclusions
The Arbitration Court of the Moscow Region and the 10th Arbitration Court of Appeal, which supported its opinion, when considering case No. hot water supply (open or closed), regardless of the period of the year (heating or inter-heating), " the amount of thermal energy used for heating water is determined according to the standards for the consumption of thermal energy for heating water for hot water supply established in the manner prescribed by law ... for hot water supply purposes, are not taken into account neither in settlements with consumers, nor in settlements with resource supplying organizations
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