What does GVS T ENU OI MKD mean. Hall in receipt what is it. Regulatory framework and definitions

Generating payment for utilities, consumers see various abbreviations in receipts. It is important to know what is behind these letters and what money goes. DHW is a hot water service. But what it includes and from which it consists, consider in more detail.

Regulatory framework and definitions

Hot water, centrally submitted to consumers, in accordance with the provisions of the Decree of the Government of the Russian Federation No. 354 of 06.05.2011, is one of the utilities. The utility service is the provision of a resource to the consumer by the Contractor (supplier) services.

That is, in the case of GVS, the utilities is the delivery of hot water required parameters to apartment apartment buildings, hostel rooms, enterprises and public buildings (hospitals, laundry, kindergartens, etc.).

Services for the supply of hot water Residents have a heating network, in its own duties, the implementation of centralized heating of residential and public buildings.

Features Services

The preparation of hot water for the needs of hot water supply occurs on centralized heating boilers, there, where the heat carrier of the heating system is heated.

Boiler rooms can be connected to a drop-down DHW system or be dead-end - designed for a group of houses or one house (for example, roof boilers). The closer the consumer is located to the source of hot water (boiler room), the better the service, above the water temperature will be better. However, the connection to the flaked networks is preferable from the point of view of the reliability and uninterruptedness of the DHW.

The service includes:

1. Boiler room service. Unlike heating, the DHW is provided all year round, while the boilers go to the summer (minimum) mode of operation.
2. Road service.
3. Conduct planned repair work on networks.

The water heated in the boiler room for an open (open) system of the DHW enters the apartments of consumers by supplying water supply systems, distributing on domesticated DHW networks.

It should be remembered that hot water cannot be used to prepare food due to the presence of additives in it - special additives that reduce the level of formation of scale on the inner walls of pipelines.

The temperature of hot water in consumers is regulated by sanitary and legal norms and is + 50 ... + 65 ° C. In fact, it often does not exceed +40 ° C.

This is due to heat loss in the supply of heat carrier along the tracks (poor-quality insulation of pipes, impulses) or due to the low temperature at the outlet of the boiler room. Boiler operators adjust the output parameters based on the outdoor temperature.

Task Supplier Services Provide a communal resource for good quality in apartments. Sometimes the heating network justifies the poor-quality provision of services by the deplorable state of networks - built in the last century, the tracks that require major repairs will not withstand the temperature difference in winter, if you maintain the coolant parameters from the boiler room at the normative level.

It turns out a vicious circle - many residents often do not pay for hot water due to its low temperature or generally refuse to this service, moving to heated water with electric boilers. And the enterprises of the heating network cannot produce repair work, because The debt of the population does not give them the inflow of funds.

On video about the service of the DHW

Outcome

Pay or not for the DHW service, if it turns out in insufficient quality, the case is purely personal. It is important to understand that deciding to go along the path of non-payment, it is not necessary to simply produce debts. It is necessary to assemble the evidence base according to the following scheme: to produce commissions of water temperature, send results to the enterprise supplying services. Be sure to get the official response explaining the causes of low quality service. Having collected a package of evidence, you can contact the court to defend your rights.

Another Machination VK Comfort

Preparation of hot water using orange engineering systems (ITP) apartment building (in the absence of centralized cooking hot water in the MCD).
The size of the cost of hot water supply (DHW) is calculated on the basis of readings of household instruments and the corresponding rates for cold water and consuming GKALs used to prepare hot water. At the same time, the costs of maintaining and repairing outdoor engineering systems and electricity used for the preparation of hot water are included in the fee for the maintenance and repair of residential premises.

Individual thermal item of our house (ITP)

Calculation of heating and hot water prepared in an apartment building on the basis of PP of the Russian Federation of 06.05.2011 No. 354

Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved by the Decree of the Government of the Russian Federation of May 6, 2011 No. 354, then on the text will be called rules. For convenience of set in a text editor, the formulas used are slightly modified and specified compared to their writing in the rules, which does not change their meaning.

For an unequivocal understanding: in accordance with paragraph 2 of the rules "non-residential premises in an apartment building" - this room in an apartment building, which is not a residential premises and the common property of the owners of the premises in an apartment building. For example, shop, Sewing atelier, office space of any organization, etc. Calculation of fees for such premises is usually similar to the calculation for residential premises (apartments). In case of difference in the calculations, they will be stipulated separately.

The calculation and distribution of the fee in accordance with paragraph 50 of the rules between consumers living in the room (rooms) of the MKD communal apartments is carried out according to the formulas 7, 8, 16, 19 and 21 of Appendices No. 2 to the rules and in this case will not be considered.

Description of the calculations I spend on the example of your own apartment building (hereinafter - the MCD), which is equipped with the following metering devices:

1) Collective (generalical), installed in the thermal point of the Ministry of Mend, (hereinafter referred to as the OPE):

A) to determine the total volume (amount) of thermal energy used for the communal heating service and heating water for the communal service "Hot water supply", the temperature of the coolant in the supply and return pipelines on the border of operational responsibility (hereinafter - ODPUTE);

B) to determine the volume (quantity) of thermal energy used for the communal service "Hot water supply" (hereinafter - ODPUTE-GW);

C) to determine the volume of water used for the communal service "Hot water supply" (hereinafter - ProsPugv);

2) Individual, installed in each residential (apartment) and non-residential premises (hereinafter - IPU):

A) to determine the volume (amount) of thermal energy used for the communal service "Heating" (hereinafter - IPUTE);

B) To determine the volume of hot water used for the communal service "Hot water supply" (hereinafter - IPUGV).

Thermal energy supplied from urban heat lights into the house is divided into two parts and with the help of thermal item equipment is used:
for the preparation of the coolant circulating in the heating system of the MKD of the closed type;
For the preparation of hot water circulating in the hot water supply system of an open type MKD.

At the same time, the coolant itself, supplied from urban heat network, is not selected, but only the heat energy contained in it is used.

In accordance with paragraph 40 of the rules, the consumer of the communal heating service and (or) hot water supply produced and provided by the Contractor provided by the Contractor in the absence of centralized heat supply and (or) hot water supply, makes a common fee for such a communal service calculated in accordance with paragraph 54 of the Rules . Namely, it should include both a communal service fee provided to the consumer in a residential or in a non-residential premises and a communal service fee provided for generalic needs.

Consequently, in this case, consumers should be exhibited in a payment document "Heating" and "Hot Water Supply" fee without separation for individual consumption and consumption for general work.

In accordance with paragraph 54 of the rules, consumers of each residential (apartment) and non-residential premises should pay communal resources for used in the estimated period, namely the thermal energy provided for the utility service "Heating", and heat energy and cold water provided for Municipal service "Hot water supply".

In determining the size of the consumer board of each residential (apartment) and non-residential premises for the utility service "Heating" The volume used only for heat heating is distributed between all residential and non-residential premises in an apartment building in proportion to the size of the total area owned (in use) to each consumer residential or Non-residential premises in an apartment building in accordance with the formula 18 of Appendix No. 2 to the rules:

RO-I \u003d VTE-O-D X (Si / SD) x TTE

The size of the fee of consumers of each residential (apartment) or non-residential premises for the utility service "Heating" (RO-I, RUB.) Is defined as a work of three components:

Volume (amount) of thermal energy used for the estimated period in the production of the utility service "Heating" and defined as a difference between the measured amount of thermal energy ODPUTE and ODPUTE-GW (VTE-D, Gcal);

Relations of the total area of \u200b\u200bthe I-th dwelling (apartments) or non-residential premises in the MKD (Si, sq.m) to the total area of \u200b\u200ball residential premises (apartments) and non-residential premises in the MCD (SD, sq.m);

Tariff for thermal energy established in accordance with the legislation of the Russian Federation (TTE, RUB / GKAL).

When determining the size of the consumer board of each residential (apartment) or non-residential premises for the utility service "Hot water supply", the cost of cold water and the cost of heat energy used for heating the cold water in the production of a municipal service for hot water, distributed to each residential and non-residential room proportionally The volume of hot water consumed during the estimated period in a particular residential or non-residential room and is calculated by the formula 20 of Appendix No. 2 to the rules:

RGV-I \u003d VGV-i x TCH + VTE-GV-D X (VGV-I / Sum VGV-I) x TTE

___________
Sum - Mathematical sign "Amount".

The size of the consumer fees of each residential (apartment) or non-residential premises for a utility service "Hot water supply" (RGV-I, RUB.) Is defined as the sum of the two components:

The works of the volume spent by the consumer of each residential (apartment) or non-residential premises of hot water defined for the estimated period of IPUGV (VGV-I, cubic meters), and the tariff for cold water established in accordance with the legislation of the Russian Federation (TXV, RUB / CUB .m);

Production of volume (quantity) of thermal energy used for the estimated period for heating of cold water, a certain ODPUTE-GW (VTE-GV-D, GKAL), the ratio of the volume by the consumer spent each residential (apartment) or non-residential premises of hot water defined for the estimated period IPUGV (VGV-I, cubic meters) to the total volume of consumed hot water by consumers of all residential (apartments) and non-residential premises defined for the estimated period of IPUGV (sum ofVGV-I, cubic meters), and tariff for thermal energy established in accordance with the legislation of the Russian Federation (TTE, rub. / Gcal).

Consumption of hgvs (cold, hot water supply) on one is defined asproduction of the MOS Square on the standard of one,divided by residential and non-residential area premises and multiplied by the total area of \u200b\u200bthe apartment, formula 15 paragraph 17 of Annex 2 to the Rulesproviding utilities.

How to calculate one by water if the house is installed Oda?

What document is approved formula number?

Decree of the Government of the Russian Federation № 354 dated 06/05/2011.

Consumption of HGVS on one is defined as the difference between the volumes of ODEA and the total individual consumption of all residential andnon-residential premises in the house divided by the total area of \u200b\u200bresidential and non-residential premises and multiplied by the total area of \u200b\u200bthe apartment, Formula 11 item 11appendices 2 to the rules of provisioncommunal services.

What is a component for heat carrier, component for thermal energy?

From 01.01.2013, according to the decree of the REC of the Sverdlovsk region№ 198-PC from 11/29/2012. ,№ 207-PC and No. 209-PCs from 18.12.2012. Tariffs for hot water services are presented in 2component system: component for coolant- The supply of hot water and a component for thermal energy - heating hot water.

What formula is the heating service calculates if the house is installed general accounting device?

Formula 3 according to paragraphs 42.43.

P (fee for service) \u003dV.(volume by collective instrument of accounting) * S. (apartment area) / S. (area of \u200b\u200ball rooms at home) * T (tariff)

Is it possible to pay housing and communal services without leaving home?

Yes, if you have a bank card and the Internet Bank service is connected. Details of the settlement organization are indicated along the right edge vertically.

I passed tickets for recalculation. Why calculations only on water and water supply? And the garbage collection and the elevator is not removed?

According to Decisions of the Government of the Russian Federation №354 dated 06.05.2011. VII. The procedure for recalculating the size of the boardfor certain types of utilities for the period of temporary absence of consumersin the residential room.... P.86-89.

Garbage collection and elevator equipment are charged from your sq. M.apartments, so the recalculation is not subject to.

I could not convey the IPU testimony (individual accounting device). How to be? Wait for the next month?

Our settlement center makes it possible to consult up to the 5th day following settlement month to the accountant consultant for recalculation on IPU, provided thatthe house is not equipped with KPU (collective metering device).

Pension I get 13 numbers. Will the penalty be charged?

Yes, the procedure for obtaining revenues of citizens to fulfill its duties - does not affect. According to articles 155 Housing Code of the Russian Federation the deadline for payment for the LCK - 10th month followingexpired. According toparagraph 14 of Article 155 Persons, untimely and (or), who did not fully contribute to the residential premises and utilities (debtors), are obliged to pay the creditor of penalties in the amount of one three hundred refinancing rate of the Central Bank of the Russian Federation, which is valid at the time of payment, from the amounts not paid within every day delay starting from the next day after the offensive the deadline for payment on the day of the actual payout is inclusive. Increaseinstalled in the present part of the size of the penny is not allowed.

How will water be accrued if the deadline for the calibration of the meters is over?

By Decree of the Government of the Russian Federation №354 dated 06/05/2011. if the deadline for the calibration of meters is over, then 3 the month will be considered the average, then according to the consumption standard. For 3 months it is necessaryreplace counter.

I have no electric meter reprogrammed how this service is charged?

If until June 1, 2014 residents do not reprogram their two-tie or multitariff devicesaccounting of electrical energy, i.e. There will be no time intervals of tariff zones in accordance with the correct accounting of electricity, the fee for electricity consumed with them will be charged over the one-step tariff. According to paragraph 34 (g) Decisions of the Government of the Russian Federation №354 of 06/06/2011 PETERTERmust: In order to take into account consuming and utilities, use collective (general), individual, common (apartment), room accounting devices that meet the requirements of the legislation of the Russian Federation on ensuring the unity of measurements and those who have passed.

How to return payment if I mistakenly paid to another personal account?

Each case is individual, consult your accountant consultantestimated Center for tel. 33-75-18, 41-40-06 . If you have found on the same day, you need to return to the point of payment and makereturn payment. If you paidin our reception points and foundlater the day of payment, it is necessary to write a statement to the accountant -consultant,having attached a copy of the passport with a registration or a copy of the right-ending document with the relevant address, the original check of payment and the faithful personal account.

In order to regulate the procedure for applying two-component tariffs for hot water, changes were made to the PP of the Russian Federation of 06.05.2011 No. 354 and PP of the Russian Federation of 05/23/2006 No. 306. According to the amendments to the establishment of two-component tariffs for hot water supply (hereinafter - DHW) " the size of a utility service for hot water supply is calculated based on the amount of the value of the component for cold water, intended for heating in order to provide a communal service for hot water supply, and the cost of the component for thermal energy used to heighten the cold water in order to provide a communal service for hot water supply"(Paragraph 6 of clause 38 of rules 354), with the authorized body of the subject of the Russian Federation" sets the cost of the thermal energy consumption used for heating cold water to provide a communal service for hot water supply"(Paragraph 32 (1) of rules 306). And if the procedure for calculating the cost of the DHW between the consumer and the executor of the communal service (hereinafter referred to as ICU) was resolved (although to this day there is a huge number of cases of its violation), then when calculating between ICA and the resource-supplying organization (hereinafter - RSO) arose and continue to occur Disputes, especially in cases of household equipment with general-purpose metering devices, defining both the consumption of DHW and the amount of heat in the consumed hot water.

Heat in DHW: Both consumption and payment for payment

If we consider consumption of hot water in the MKD premises, it is easy to establish cases in which with the same amount of hot water consumption of heat consumption in this water will be different. In such cases, consumption can be attributed in the absence of circulation in the house of "cooled" hot water by those tenants who earlier wakes up in the morning or later goes to bed in the evening. Obviously, water will be more hot with long-term consumption compared to a multitude of short-term inclusions, even if the total volume of short-term inclusions is equal to the volume of long-term consumption. In the inter-octic period, there is a significant difference in the temperature of hot water in the same type of houses (for which the same consumption standards are provided), depending on the length of the DHW network, from these homes to the RSO (MKD remoteness from the boiler room) - residents of houses connected to the "end" segments of heating networks, usually Use less hot water than houses connected to the "transit" pipelines of the same networks.

Probably, to create a certain averaged unified system of calculation, the Government of the Russian Federation decided to approve the heat consumption standards for heating DHW and endowed the right to establish such standards of the subjects of the Russian Federation authorized. Thus, the possibility of determining the various cost of hot water was excluded (in rubles per cubic meter), for example, for residents of various apartments of the same apartment building. It should be noted that the various cost of hot water is also excluded (in rubles per cubic meter) for tenants of one house at various months - after all, the calculation of the cost of a cubic meter of hot water consumed by the consumer must be prohibited based on the cost of the component on cold water, the tariff for which It is approved by the subject of the Russian Federation, and the value of the component on thermal energy, the tariff for which and the volume on each unit of water (the heat standard for heating DHW) is also approved by the subject of the Russian Federation. Thus, the cost of one cubometer of hot water does not depend on the actual heat consumption for the heating of this water (in any way measured or calculated), and is calculated on the basis of only those parameters, which are approved by the state authorities of the constituent entity of the Russian Federation.

If we talk about the amount of heat, consumed on the goal of hot water, all apartment buildings (hereinafter referred to as MKD), then, of course, such a number can be determined by such a generalical accounting device (hereinafter referred to as possible), which measures not only hot water consumption for the needs of DHW, but And the heat content of this water. The position of the overwhelming part of the RNO, which consists in the fact that the heat entered in the MCD is payable in full, is reasonable and logical. No less logical is to determine the amount of heat in the DHW, consumed by all MKD, according to the form that allows such a quantity to measure. At the same time, in the application of a thermal energy flow rate used to heighten the cold water to provide a communal services for hot water supply, approved by the state-owned authorities of the subject of the Russian Federation, in the opinion of these RSO, there is no need. In the absence of a dwarf system in the general workshop, the function of measuring the amount of heat (and even more so in the absence of an absurd basis) the same RSS believe the use of a heat standard for heating the DHW is already necessary.

The position is certainly not devoid of logic, however, the current legislation of the Russian Federation does not give the right to choose - use in calculating the heat regulatory standard or not to use. The standards for the application in the calculations are the normative of the flow of thermal energy used to heighten the cold water to provide a municipal service for hot water supply, are imperative to be unconditioned. At the same time, no norms on the possibility of applying in the calculations of the indications of the OKU, determining the amount of heat in the composition of the DHW, the legislation of the Russian Federation simply does not contain. Thus, the use in the calculations of such testimony is determined, although logical, but is not based on the law, and therefore it is wrong. At the same time, the use in the calculations of the heat standard of heating of the DHW is not the right provided for individual cases (for example, the absence of an aspiration, or the absence of an order to measure heat-containing in the DHW), and the duty for any cases without exception.

From the foregoing, it follows that when calculating the cost of the DHW (both between the consumer and the Contractor, the services for the DHW and between ICA and the RSO) uses the actually consumed volume of heat heating to heating water to provide a communal service for hot water supply, and the standard of heat consumption for heating DHW .

What did the court set?

These circumstances studied the Arbitration Court of the Moscow Region, and then - according to the appeal - the 10th Arbitration Court of Appeal, when considering the case on the claim of Orekhovo-Zuevskaya Heaglete LLC to the HOA "Auto-trains" (Case No. A41-18008 / 16) for recovery Debt on the payment of thermal energy. The main administration of the Moscow Region "State Housing Inspectorate of the Moscow Region", the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Ministry of Construction and Housing and Communal Services of the Moscow Region was involved as third parties to participate in the case.

In decision of 12.12.2016 in case number A41-18008 / 16 As of the Moscow Region pointed:

« Directly, fully and objectively examining the evidence submitted by the parties to substantiate the stated requirements and objections, the court came to the next.

As established by the court, September 26, 2012, between the plaintiff and the defendant concluded an agreement for heat supply No. 240, according to which the plaintiff is an energy supply organization, the defendant is a subscriber.

In accordance with paragraph 1 of Article 539 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation) under the energy supply contract, the energy supplying organization undertakes to submit to the subscriber (consumer) through the attached network of energy, and the subscriber undertakes to pay for the accepted energy ...

Based on Article 544 of the Civil Code of the Russian Federation, the payment of energy is carried out for the amount of energy actually adopted by the subscriber in accordance with the data of energy accounting, unless otherwise provided by law, other legal acts or the Agreement of the Parties. The procedure for calculations for energy is determined by law, other legal acts or agreements of the parties.

In accordance with the provisions of Article 157 of the Housing Code of the Russian Federation (hereinafter referred to as the LCD), the amount of utility fees is calculated based on the volume of consumed utility services, determined by the testimony of accounting devices, and in their absence based on the standards of consumption of utilities approved by state authorities The constituent entities of the Russian Federation in the manner prescribed by the Government of the Russian Federation, on tariffs established by the state authorities of the constituent entities of the Russian Federation in the manner prescribed by the Federal Law.

Part 5 of Article 9 of the Federal Law of July 27, 2010 No. 190-ФЗ "On Heating" found that hot water tariffs in open heat supply systems (hot water supply) are established in the form of two-component tariffs using a component for heat carrier and component for thermal energy .

According to Part 9 of Article 32 of the Federal Law of December 7, 2011. No. 416-FZ "On Water Supply and Water Controlling" Tariffs in the field of hot water supply can be established 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 foundations of pricing in the field of water supply and drainage, approved by the Government of the Russian Federation.

Paragraph 88 of the foundations of the pricing in the field of water supply and drainage approved by Decree of the Government of the Russian Federation of May 13, 2013 No. 406, it is envisaged that tariff regulation authorities establish a two-component tariff for hot water in a closed hot water system consisting of a component on cold water and component on thermal energy.

Thus, the executive authorities of the constituent entities of the Russian Federation in the field of price regulation (tariffs) make decisions on the establishment of two-component tariffs for hot water in accordance with the norms of current legislation.

In order to regulate the procedure for applying two-component hot water tariffs by Decree of the Government of the Russian Federation dated February 14, 2015 No. 129 (entered into force on February 28, 2015) amended 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. 354 (hereinafter referred to as Regulation No. 354), and the rules of establishing and determining the regulations for the consumption of utilities approved by the Decree of the Government of the Russian Federation of May 23, 2006 No. 306 (hereinafter referred to as Regulation No. 306).

Clause 38 of Rules No. 354 provides that in the case of the establishment of two-component tariffs for hot water, the cost of a communal service for hot water supply is calculated based on the amount of the value of the component on cold water, intended for heating in order to provide a communal service for hot water supply, and the value of the component on The thermal energy used for heating cold water in order to provide a communal hot water service.

In accordance with paragraph 42 of the Rules No. 354 in the event of the establishment of two-component hot water tariffs, the cost of a utility service for hot water supply provided to the consumer for the estimated period in a residential room equipped with an individual or common (apartment) accounting device is determined in accordance with formula 23 Applications number 2 to Rules No. 354 based on the testimony of hot water accounting devices and the heat-heated rate of thermal energy used for water heating, and in the absence of such a metering device - based on the cost of hot water consumption and the cost of heat consumption used for water heating.

At the same time, the rules number 354 does not provide for the use of heat energy as a communal service, which corresponds to the provisions of part 4 of article 154 of the LCD of the Russian Federation.

Given the outlined, rules No. 354 provides for the distribution of thermal energy used for heating of cold water in order to provide a communal service for hot water supply, within the framework of a heat-heating cost of water heating for the provision of a communal hot water supply service.

In connection with this appropriate changes made to Rules No. 306, it is envisaged that the cost of consumption of a communal service for hot water supply is determined by establishing a rating of hot water consumption in a residential room and a heat-heated water flow rate for heating water for hot water supply.

So, according to paragraph 7 of Rules No. 306, when choosing a unit of measuring consumption standards for hot water supply (hot water), the following indicators are used:

in residential premises - cube. Meter of cold water for 1 person and Gcal for heated 1 cube. meter of cold water or cube. meter of hot water per person;

for generalic needs - cube. Meter of cold water and Gkal heated 1 cube. meter of cold water per 1 square. The meter of the total area of \u200b\u200bpremises belonging to the general property in an apartment building, or a cube. meter hot water per 1 square meter. The meter of the total area of \u200b\u200bpremises belonging to the general property in an apartment building.

This principle provides a fair distribution of thermal energy to 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 fee for a utility service for hot water, established by Rules No. 354, fully complies with the requirements of the LCD of the Russian Federation and is established, taking into account the exclusion of the emergence of the unfair financial load on citizens.

Thus, regardless of the presence of a collective (common) device for taking into account thermal energy in the hot water system of an apartment building, regardless of the heat supply system (hot water supply) (open or closed), as well as regardless of the season of season (heating or unemic), the number of heat The energy used for heating water is determined by the procedure for heat heating of water for heating water installed in the procedure provided by law for water heating for hot water supply purposes.

Accordingly, in the presence of thermal energy flow standards for heating hot water, the readings of the metering instruments that measure thermal energy used for hot water supply are not taken into account in the calculations with consumers or in the calculations with resource-supplying organizations.

A certain order of determining the amount of fee for a communal service for hot water supply in the case under consideration of the rules No. 354 is not provided.

Civil rights and obligations of the management organization or partnership of owners of housing or a housing cooperative or other specialized consumer cooperative (hereinafter referred to as the partnership, cooperative) on the implementation of settlements for the resources necessary for the provision of utilities, arise from the resource supply agreements concluded in the manner prescribed by the rules required When concluding a management organization or a partnership of housing owners by a housing cooperative or other specialized consumer cooperatives with resource-supplying organizations, approved by the Decree of the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter, respectively - Resolution No. 124, Rules No. 124).

According to subparagraphs "G", "E" of clause 17 of Rules No. 124, the procedure for determining the volume of the communal resource supplied, the order of payment of the utility resource is the essential conditions of the resource supply contract.

At the same time, in relationship with the requirements of Rules No. 124, when concluding a resource supply agreement, the requirements are also subject to the requirements for the implementation of the resources necessary for the provision of utilities approved by the Decree of the Government of the Russian Federation of March 28, 2012 No. 253 (hereinafter referred to as the requirements).

Clause 4 of the requirements found that in favor of resource-supplying organizations, the funds received by the Contractor from consumers are subject to transfer.

At the same time, paragraph 5 of the requirements, it is envisaged that the amount of payment of the perpetrator of a communal service due to the transfer in favor of a resource-supplying organization that delivers a specific type of resource is determined depending on the payment by the consumer of the corresponding communal service in the full amount specified in the payment document, or with partial payment, What corresponds to fully corresponding to the rules indicated above the norms No. 124.

Based on the above, the amount of payment of the Communal Services in favor of a resource supply organization is subject to definition, taking into account the amount of funds received from consumers of utility services, as well as taking into account the volume of utility resources in the event of the supply of resource-supplying organization of the utility resource in improper quality or with interruptions exceeding the established duration .

In addition, managing organizations (partnerships, cooperatives) are performers in an apartment building in an apartment building, the utility resource is not for resale, but to provide relevant utility services to consumers and pay consumers consumed in such an apartment building. The volume of utilities from payments received from consumers for utilities.

In accordance with the decision of the Supreme Court of the Russian Federation of June 8, 2012, the AKPI 12-604 No. 124, according to which the management organization, a partnership or cooperative, is not economic entities with independent economic interests, other than the interests of residents as direct consumers of communal Services. The organization's data carry out activities on the provision of utilities on the basis of an apartment building management agreement and pay the volume of utilities supplied under the resource supply contract, only from the consumer payments received. With this position, the amount of payment for the utility resource under the resource supply contract must be equal to the size of a utility board paid by all consumers of utilities in accordance with the rules of their provision.

Considering the foregoing, regardless of the agreement, the parties are required to follow the imperative standards that regulate the procedure for calculations for the communal services rendered.

According to paragraphs 10, 11 of part 1 of article 4 of the LCD of the Russian Federation, relations about the provision of utilities, making fees for residential premises and utilities regulates housing legislation.

In accordance with the provisions of Article 8 of the LCD RF for housing relations associated, including using engineering equipment, the provision of utilities, making public services fees, applies appropriate legislation, taking into account the requirements established by the LCD of the Russian Federation.

Taking into account the foregoing, when concluding a resource supply agreement with persons carrying out the management of an apartment building, and establishing conditions in it, including regulating the procedure for the termination of the delivery of an appropriate type of utility resource into an apartment building, it is necessary primarily to be guided by the norms of housing legislation, in particular Rules No. 124 Taking into account the provisions of Rules No. 354.

Clause 5 of the requirements found that the amount of payment of the Contractor due to the transfer in favor of a resource-supplying organization that supplies a specific type of resource is determined in the amount specified in the payment document of fees for a specific communal service accrued to the consumer for this billing period in accordance with Rules No. 354 ( Payment by the consumer in full), and when paying by the consumer is not in full - the amount proportional to the size of the board for a specific communal service in the total amount of the payments specified in the payment document for work and services performed (provided) for this estimated period.

Based on this, the partnership of the owners of the housing is obliged to cover the 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 cost of the thermal energy consumption used for water heating for the provision of water Communal services for hot water supply.

Based on the foregoing, the Arbitration Court of the Moscow Region believes that the stated claims are not subject to satisfaction.

Guided by Articles Art. 110, 112, 162, 167-170, 176 Arbitration Procedure Code of the Russian Federation, Moscow Region Arbitration Court

I DECIDED:

Refuse to refuse».

Tenth Arbitration Court , having considered the appeal on the decision of the AS of the Moscow Region, took Resolution of April 17, 2017 No. 10AP-805/2017 in case No. A41-18008 / 16, which repeated the arguments of the court of first instance, additionally specify:

« The arguments of the appeal repeat the arguments of the claim, were reasonably rejected by the court of first instance.

Taking into account the set of outlined circumstances, the Court of Appeal does not find funds provided for by the law to revaluate the conclusions of the court of first instance and satisfy the claims of the appeal.

Guided by Articles 266, 268, paragraph 1 of Article 269, Article 271 of the Arbitration Procedure Code of the Russian Federation, Court

Decided:

Decision of the Arbitration Court of the Moscow Region dated December 12, 2016 in case number A41-18008 / 16 Leave unchanged, appeal - without satisfaction».

conclusions

The Arbitration Court of the Moscow Region and supporting his opinion 10th Arbitration Court of Appeal, when considering the case No. A41-18008 / 16, established that regardless of the presence of a collective (generalic) device for taking into account thermal energy in the hot water supply system of an apartment building, regardless of the type of heat supply system / Hot water supply (open or closed), regardless of the period of the year (heating or inter-drink), " the amount of thermal energy used for heating water is determined by the procedure established in the procedure provided by the legislation to heat water heating for hot water purposes ..., in the presence of thermal energy standards for heating hot water, the readings of the metering instruments that measure thermal energy used For the purpose of hot water, not taken into account in settlements with consumers or in settlements with resource-supplying organizations

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