8 days delay

Resolution of the Government of the Russian Federation dated March 28, 2012 N 253"On the requirements for the implementation of calculations for the resources required for the provision of public services"

With changes and additions from:

October 17, 2015

According to part

1. To approve the attached requirements for the implementation of calculations for the resources necessary for the provision of public services.

2. To establish that the requirements approved by this resolution:

a) come into force from the date of entry into force of the Rules for the Provision of Utilities to Owners and Users of Premises in Apartment Buildings and Residential Buildings, approved by Resolution of the Government of the Russian Federation of May 6, 2011 N 354;

b) apply to relations arising from contracts for the supply of resources necessary for the provision of public services concluded by managing organizations, homeowners’ partnerships, housing and construction, housing cooperatives and other specialized consumer cooperatives with resource-supplying organizations before the requirements approved by this Resolution come into force, in terms of the rights and obligations that will arise after the entry into force of these requirements.

3. To managing organizations, homeowners associations, housing and construction, housing cooperatives and other specialized consumer cooperatives before September 1, 2012 to make with resource-supplying organizations a reconciliation of payments for resources necessary for the provision of public services, delivered in accordance with the agreements specified in subparagraph "b" clause 2 of this Resolution, concluded before the entry into force of the requirements approved by this Resolution.

Chairman of the Government of the Russian Federation

March 28, 2012 N 253

8 days delay

By the decision of the Supreme Court of the Russian Federation of December 18, 2015 N AKPI15-1233, left unchanged. The definition of the Appeal Panel of the Supreme Court of the Russian Federation of March 15, 2016 N APL16-39, these Requirements are recognized as not inconsistent with the current legislation

These Requirements come into force from the date of entry into force of the Rules for the Provision of Utility Services to Owners and Users of Premises in Apartment Buildings and Residential Buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354

Requirements for making payments for the resources required for the provision of public services (approved by the Government of the Russian Federation dated March 28, 2012 N 253)

With changes and additions from:

October 17, 2015

Information on changes:

Resolution No. 1112 of the Government of the Russian Federation of October 17, 2015 amended paragraph 1

1. This document defines the requirements for a managing organization, homeowners ’partnership, housing construction, housing cooperative and other specialized consumer cooperative (hereinafter referred to as the contractor) when they make settlements with resource-supplying organizations and the regional operator for solid municipal waste – regional operator), respectively, for the resources supplied under energy supply contracts (sale and purchase, post ki of electric energy (power)), heat supply and (or) hot water supply, cold water supply and (or) drainage, gas supply (including the supply of household gas in cylinders) (hereinafter – resource supply agreement) necessary to provide owners and users of premises in an apartment building or apartment houses (hereinafter referred to as consumers) of a public service of a corresponding type and for providing services for handling solid municipal waste under a contract for the provision of services for handling solid municipal waste dami (hereinafter – resources).

Information on changes:

Resolution No. 1112 of the Government of the Russian Federation of October 17, 2015 amended paragraph 2

2. This document does not apply when making payments for those types of utilities that are provided in residential and non-residential premises and for which, in accordance with the Housing Code of the Russian Federation, the general meeting of premises owners in an apartment building has decided to pay utility bills directly to resource suppliers organizations and the regional operator.

3. Payments for the resources supplied for the provision of public utilities for house-wide needs in an apartment building shall be made in accordance with this document, unless otherwise specified in the supply agreement.

Information on changes:

Resolution No. 1112 of the Government of the Russian Federation of October 17, 2015 amended paragraph 4

4. The funds received by the consumer from the consumer as payment for utilities, which are to be transferred in favor of the resource supplying organizations and the regional operator (hereinafter referred to as consumer payments), are transferred to these organizations in the manner specified in the resource supply agreement, the contract for the provision of solid public utility services waste and which do not contradict the legislation of the Russian Federation.

Information on changes:

Government Resolution No. 1112 of October 17, 2015 Amended paragraph 5

8 days delay

5. The amount of payment of the contractor due for transfer in favor of the resource-supplying organization supplying the specific type of resource and the regional operator in the total amount of consumer payments (hereinafter referred to as the contractor’s payment) is determined in the following order:

a) in respect of consumer payments listed to the contractor for the billing periods following the effective date of this document:

when the consumer pays for the payment document in full amount – in the amount specified in the payment document, the payment for a specific utility service accrued to the consumer for a given billing period in accordance with the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings;

when a consumer makes payment on a payment document not in full amount – at a rate proportional to the amount of payment for a specific utility service in the total amount of payments for works and services performed (provided) for a given billing period specified in the payment document;

Information on changes:

Decree of the Government of the Russian Federation of October 17, 2015 N 1112 in subparagraph "b" changes made

b) in respect of consumer payments listed to the contractor on account of consumer debt for utilities formed prior to the entry of this document into force, and also if there is no indication in the payment documents of the settlement period for which payment is made – in an amount proportional to the amount of the contractor’s obligations to the resource supplying organization, the regional operator for the payment of the corresponding type of resource in the total amount of the contractor’s obligations to pay for all resources, determined by on the 1st day of the previous billing period. The total amount of the specified obligations of the contractor is determined on the basis of acts of reconciliation of his settlements for resources with resource-supplying organizations, a regional operator in accordance with a resource supply agreement, a contract for the provision of municipal solid waste services and (or) on the basis of effective court decisions.

Information on changes:

Resolution No. 1112 of the Government of the Russian Federation of October 17, 2015 amended paragraph 6

6. Payments of the contractor are subject to transfer in favor of the resource-supplying organizations and the regional operator no later than the working day following the day of receipt of consumer payments to the performer.

Information on changes:

Resolution No. 1112 of the Government of the Russian Federation of October 17, 2015 amended paragraph 7

7. The amount of the daily payment due to the transfer in favor of each resource-supplying organization and regional operator is determined by the contractor by summing up the contractor’s payments, calculated in accordance with paragraph 5 of this document, from consumer payments received during that day.

If the daily payment amount determined in accordance with this clause is less than 5 thousand rubles, the transfer of funds is carried out in the following days, but at least once every 5 working days and no later than the working day in which the aggregate payment amount for the days on which no transfer was made in favor of the resource-supplying organization and the regional operator, will exceed 5 thousand rubles. A resource supply agreement and a contract for the provision of municipal solid waste management services may provide for a different size of the minimum daily cumulative payment and (or) a different frequency of money transfer.

If within 10 working days or another period stipulated by the resource supply agreement and the contract for the provision of municipal solid waste management services, payments are not received from the contractor to the resource supplying organization and the regional operator, the resource supplying organization and the regional operator may apply to request for information regarding the reasons for the delay in payments. The contractor within 3 working days from the date of receipt of such a request provides the specified information to the resource supplying organization and the regional operator.

Information on changes:

Government Resolution No. 1112 of October 17, 2015 Amended Clause 8

8. Within 10 working days after the end of the billing period, the contractor, the resource supply organizations and the regional operator shall, in the manner provided by the resource supply contract and the contract for the provision of municipal solid waste services, exchange information on the contractor’s payments and consumer payments for the past billing period. Information about consumer payments is provided indicating the payer, the amount of funds received and the period for which the payment was made (if it is possible to establish the specified period on the payment document).

Established requirements for the implementation of settlements for the resources required for the provision of utilities. They are required to comply with management companies, housing cooperatives, housing cooperatives, housing and other specialized consumer cooperatives that have concluded resource supply agreements for the provision of these services to residents of multi-family and individual houses. We are talking about energy, heat, water supply, water disposal, gas supply. Requirements do not apply when utility fees are paid by residents directly to resource-supplying organizations.

The method of transferring consumer payments is determined in the resource supply agreement. It should not be against the law.

Management companies, homeowners associations and cooperatives are obliged to transfer payments to residents of suppliers no later than the next working day after their receipt. In this case, the money is transferred in the amount of the fee paid by the consumer for a specific utility service according to the payment document. If the citizen has paid the invoice for him only partially, the money is transferred to the supplier in the amount proportional to the service fee in the total amount specified in the payment.

When the tenant settles the debt for utilities, the amount of funds transferred to the supplier is proportional to the amount of obligations of the management company (HOA, cooperative) to pay for the corresponding resource in the total amount of obligations to pay for all resources. The latter is determined on the 1st number of the previous billing period on the basis of acts of reconciliation of calculations or entered into force court decisions.

The procedure for calculating the amount of the daily payment transferred by the resource-supplying organization has been determined. If it is less than 5 thousand rubles, money can be transferred in the following days (but at least 1 time in 5 days). In the resource supply agreement, you can set a different size for the minimum daily cumulative payment, as well as a different frequency of funds transfer.

If within 10 working days the money was not received at all, the supplier is entitled to send a request to the management company (HOA, cooperative) about the reasons for the delay. The response is given 3 working days. At the end of the billing period, payment information is exchanged within 10 business days.

The above procedure is applied in the calculations for the resources supplied for general house needs.

The requirements are enacted from the moment the new rules for the provision of public utilities come into force (approved by the Government of the Russian Federation of May 6, 2011 N 354, but not yet applied). At the same time, they apply to resource supply agreements concluded prior to their entry into force, in terms of rights and obligations that will arise after this point. Management companies, HOA and consumer cooperatives should, prior to September 1, 2012, carry out a reconciliation of settlements with resource-supplying organizations under these contracts.

Resolution of the Government of the Russian Federation dated March 28, 2012 N 253 "On the requirements for the implementation of calculations for the resources required for the provision of public services"

This resolution becomes effective 7 days after the day of its official publication.

Requirements approved by this resolution enter into force in accordance with subparagraph a of paragraph 2 of the Resolution.

The text of the judgment is published in "Russian newspaper" of April 3, 2012 N 72, in the Collection of Legislation of the Russian Federation of April 2, 2012 N 14 Art. 1651

By the decision of the Supreme Court of the Russian Federation dated December 18, 2015 N AKPI15-1233, left unchanged. The definition of the Appeal Panel of the Supreme Court of the Russian Federation dated March 15, 2016 N APL16-39.

This document is amended by the following documents:

Resolution of the Government of the Russian Federation of October 17, 2015 N 1112

The changes come into force 7 days after the day of the official publication of the said decree.

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