What residents should know: rights and obligations of the management company

Residents of an apartment building do not always know the responsibilities assigned to the management company by current legislation. Because of this, there is a misunderstanding of where the tidy sums under the heading “Maintenance and Repair” go and a lack of control over the activities of the management company. Let's look at the main responsibilities management company.

The relationship between the management company and the residents of the house is sealed by an agreement. Each owner of a house property must receive one copy, and one must remain in the management company. In fact, this rule is violated. If the owner of the apartment does not have a written document on hand, then he can contact the housing and communal services authorities and request it.

The rights and obligations of the management company are the main articles of the agreement. It is recommended that every resident read them.

The terms of the contract are the same for all residents apartment building. The document indicates the period during which the management company is engaged in providing utilities, housekeeping and home repairs (Article 162 of the Housing Code of the Russian Federation).

The contract specifies the composition of the property of a residential building, its address, the procedure for calculating fees for maintenance and repairs, the procedure for providing utilities and the term of the document. It cannot be less than one year. Maximum term contract - five years. If the management company was selected on a competitive basis, then it is reduced to three years.

It is important to indicate in the contract the obligation to provide management reporting. If there is no such column, then housing and communal services authorities, as a rule, submit a report on the work done at the end of the contract. In fact, such an obligation is enshrined in Art. 162 of the Housing Code of the Russian Federation and must be implemented.

Responsibilities of the housing and communal services management company

In its activities, the management company must carry out maintenance and repair work and provide organizational services.

Maintenance and repair work includes

implementation of measures to ensure the safety of residents in the house, maintaining it architectural appearance;
inspection of the property of an apartment building. Should be carried out before and after the heating season, as well as when emergency situations; carrying out routine repairs. If identified defects require significant financial investments, then repairs may take several years.
monitoring the condition of intra-house networks through which residents receive utility resources;
compliance with the rules fire safety;
cleaning of entrances and local areas, if the latter are part of the property of the house;
waste removal, including from legal entities whose offices are located in the building of the reporting building;
control over the operation of communal meters;
implementation of energy saving programs aimed at efficient use supplied resources. Such events are carried out only in agreement with regional authorities.

Organizational services

In addition to these responsibilities, the management company must perform organizational services. Their list includes:

accumulation of funds from provided resources and services and payment to suppliers;
fight against debts;
organizing work with suppliers: concluding a contract, monitoring the quality of services provided, recalculating fees upon delivery poor quality services;
storage of technical and other documentation for a residential building;
identification of energy resource thieves: inspections, raids, etc.
carrying out general meetings with homeowners. This event should take place at least once a year. On it, representatives of housing and communal services report on the work done, on the expenses incurred during the period under review, and make a decision on the tariff for next year. The fee for maintaining and repairing the house may be equal to the municipal fee or higher. It is installed individually in each home. If at the meeting the Management Committee did not approve the tariff, then it is considered that it is equal to the municipal one (Article 158 of the Housing Code of the Russian Federation). In this case, housing and communal services authorities are not relieved of responsibility for providing services for housekeeping and home repairs, even if there is a shortage of funds accumulated from homeowners.
carrying out activities to inform residents about changes in tariffs;
registration of temporary or permanent registration.

All the work listed above must be performed by the management company.

The local area and the activities of the management company - where are the boundaries?

The local area is a piece of land assigned to a property. Its area is determined by construction acts provided for by the Land Code.

is the property of the residents of the house, they are obliged to pay for it (Government Decree No. 491). Maintaining such a territory in proper condition is the responsibility of the management company with which the residents have entered into an agreement. If the work is not completed, she may be held liable.

The actual boundaries of the local area can be found in the act on land plot. Such a document must be provided by the management of the management company at the request of the owner.

Maintenance responsibilities of the management company local area boil down to:

cleaning an assigned plot of land;
carrying out landscaping activities;
garbage removal;
installation of children's complexes and maintaining them in proper condition.

If you fail to fulfill your duties, the management company may be subject to a fine of up to 50 thousand rubles. Implementation control compulsory work rests with the residents of the house.

In addition to its responsibilities, the management company has certain rights.

Rights of the management company

transmit information to authorized bodies about illegal activities;
inform the relevant authorities about the use of common property for other purposes;
take part in activities to collect debts from residents of the house;
make a decision on the transfer of reserve funds to pay off debts to service providers or to pay for additional work to repair the common property of the owners;
control the correct transmission of readings from individual metering devices, adjust payments depending on the information received;
suspend the supply of energy resources, provided for by law, in case of non-payment of utilities or incomplete payment.

Responsibility of the management company

The responsibilities of the management company and its responsibilities are also reflected in the Rules for the provision of utility services. They establish the responsibility of housing and communal services authorities for poor quality provision of utility services and failure to perform the work assigned to them, both by contract and by the legislation of the Russian Federation.

If facts of improper maintenance of the property of the owners are revealed, the legal organization can say goodbye to 50 thousand rubles. If a violation of the standard for providing residents with resources was detected, the fine will be 10 thousand rubles.
Article 44 of the Civil Code of the Russian Federation establishes liability for actions or inactions of authorized persons that led to damage to common property and harm. In this case, all losses incurred by the residents are transferred to the management company.
Violation of fire safety rules may result in administrative responsibility. In this case, the management company will lose up to 200 thousand rubles.

The list of work that is the responsibility of the management company is very large. Their knowledge will help relieve tension between residents and housing and communal services representatives.

1. Theft of electrical or thermal energy through its unauthorized use without metering devices (if the use of metering devices is mandatory) or due to intentional damage to metering devices or in any other way, if such actions caused significant damage, is punishable by a fine of one hundred to two hundred tax-free minimum incomes of citizens. or correctional labor for a term of up to two years, or restriction of freedom for a term of up to three years.
2. The same actions committed repeatedly or by prior conspiracy by a group of persons, or if they caused damage in large sizes, - is punishable by imprisonment for a term of up to three years.
Note. The damage provided for by this article is considered significant if it is one hundred or more times the non-taxable minimum income of citizens, and in large amounts - if it is two hundred and fifty or more times the non-taxable minimum income of citizens.

Comment :

1. The main direct object of the crime is the right of ownership of electrical and thermal energy, and additional objects are the established procedure for providing consumers (domestic, industrial, etc.) with these types of energy and the normal operation of electric power and heat supply facilities. Additional objects of crime may include other valuables, in particular human life and health (for example, due to unauthorized connection to the electrical network, there is often a danger of fatal injury to a person by electric shock), public safety(for example, when, as a result of large-scale theft of electricity, there is a threat of an accident at an industrial facility or when, as a result of the theft of electricity through the metering devices of neighboring consumers, the load on their electrical installations sharply increases, which can lead to a fire).

2. Subjects of ownership of electrical and thermal energy, and, therefore, victims of a crime under Art. 1881, there may be: 1) business entities that carry out activities related to the production, transmission and supply of electrical energy, combined production thermal and electrical energy, production of thermal energy at thermal power plants and heat generating installations, including using non-traditional or renewable energy sources (energy from solar radiation, wind, seas, rivers, etc.) 2) physical and legal entities, who are not business entities and produce electrical or thermal energy for sale, but for their own needs, 3) consumers - legal entities and individuals who use (consume) electrical and thermal energy for their own household or economic needs on the basis of an agreement concluded with the energy supplier.

3. The subject of the crime is energy: 1) electrical, 2) thermal. Due to the characteristics of these energy resources, they are supplied to consumers through the connected network - electrical network(for electrical energy) and pipelines - heating networks(for thermal energy). Recognition of electrical and thermal energy as the subject of the crime in question is based, firstly, on the presence of parameters for these types of energy that make it possible to determine the amount of their consumption, and, secondly, on the understanding of the subject of the crime as material (physical) formations that can be perceived using human senses or special technical means.

Electrical energy is a type of energy associated with the use of electric current, an energy carrier that differs from other energy carriers in its special consumer qualities and physical and technical characteristics (simultaneity of production and consumption, impossibility of storage, return and redirection) and is intended for conversion into mechanical energy (through the use of electrical installations and current collectors) or thermal energy. Electrical energy produced at electric power facilities appears on the market as a product intended for purchase and sale.

In thermal energy, from the point of view of liability under Art. 1881, should be understood as a coolant - a liquid or gaseous substance (steam, hot and superheated water) circulating in pipes or channels and transfers thermal energy in heat supply systems, heating, ventilation and technological installations. Thermal energy that is generated at heat supply facilities (heat generating stations, thermal power plants, boiler houses, etc.) and at electric power facilities for heating and preheating drinking water, other economic and technological needs of consumers is recognized commercial products intended for purchase and sale.

It is not the subject of a crime under Art. 1881, gas is a mineral that is a mixture of carbohydrates and non-carbohydrate components, is in a gaseous state under standard conditions (pressure 760 mm Hg and temperature 20 ° C), is a commercial product and which, through the use of appropriate devices, can be converted into thermal energy or electrical energy. Illegal possession of gas (both natural and artificial), depending on the method of criminal encroachment on this type of property, should be regarded, for example, as theft (Article 185), robbery (Article 186) or fraud (Article 190).

3. The objective side of the crime is expressed in the theft by any means (secretly, openly, using deception, etc.) of electrical or thermal energy. At the same time, the disposition of Part 1 of Art. 1881 specifies that a crime can be committed, in particular, by: 1) unauthorized use of energy without metering devices, if the use of such devices is mandatory; 2) damage to metering devices.

According to the current legislation, the consumption of electrical and thermal energy is carried out on the basis of an energy supply contract, according to which the energy supplier supplies electrical or thermal energy to the consumer, and the latter is obliged to pay for the received energy and comply with the regime of its use provided for in the contract. Energy consumption without a contract is not permitted. The theft of electrical or thermal energy means its consumption without concluding an energy supply contract at all, or if there is one, but in violation of the established rules for energy consumption. The essence of the crime under Art. 1881, is that the guilty person illegally (arbitrarily, contrary to the established procedure) and gratuitously consumes electrical or thermal energy, causing significant (great) harm to the victim.

Unauthorized use of electrical or thermal energy without metering devices occurs when the culprit consumes energy uncontrollably - without appropriate metering devices, provided that the use of such metering devices is mandatory. For example, a person, using a disguised switch of hidden electrical wiring, consumes electrical energy outside the meter - without necessarily counting the amount of energy consumed in this case. The mandatory use of metering devices is determined by the normatively established rules for the use of electrical and thermal energy and the energy use agreement concluded on their basis.

Metering devices, if we're talking about o such consumers of electricity as the population must have seals with an imprint of the verification mark of the territorial body of the State Consumer Standard and seals with an imprint of the mark (logo) of the energy supplier. For the calculation of electrical energy consumed by legal entities and individual entrepreneurs, accounting tools (meters, current and voltage transformers, metering circles, etc.) must be used, which are included in State Register measuring instruments approved for use in Ukraine. These metering devices must be sealed on the mounting of the meter casing with a seal with the Gospotrebstandart stamp, and on the clamping cover with a seal energy supply organization. To record the supply and consumption of thermal energy, commercial metering devices are used that are included in the State Register of Measuring Equipment or that have passed state metrological certification.

By general rule, consumption of electrical energy without metering devices (means) is not allowed. At the same time, the legislation allows temporary unmetered consumption of electrical energy, which is carried out on the basis of an appropriate agreement between the consumer and the energy supplier (for example, when there is a need to use electricity to perform work for several hours or days, and installing a meter is impractical or impossible). This behavior of an electricity consumer is lawful and constitutes a crime under Art. 1881, does not contain. The conclusion about the absence of spontaneous (unmetered) energy use should also be made in the case when the consumer, in the absence of heat energy metering devices in the apartment (manor house), pays for the services received (supply hot water and centralized heating) according to established standards.

Damage to metering devices as a method of theft of electrical or thermal energy involves bringing such devices into a state that precludes their full use. intended purpose and provides uncontrolled use (consumption) of electrical or thermal energy by such devices (without taking into account at all with incomplete accounting) (for example, breaking individual elements metering devices, destruction of their housing or individual parts, filling with liquid). Damage to metering devices (means) may be combined with the breaking of the Gospotrebstandart or power transmission (heat supply) organization seals or damage to the seals. The latter should be understood as a violation of the integrity of the seals, the sealing material (wire, cord thread, etc.) on which the seals are installed, the screws through which the filling material, as well as falsification of seals. According to the rules for the use of electrical and thermal energy, damaged metering devices and metering devices with broken or damaged seals are subject to examination carried out by the relevant commission, which includes representatives of the energy supplier and territorial bodies of Gospotrebstandart. The report, which is drawn up based on the results of such an examination, is important for identifying signs of energy theft through damage to metering devices.

Other methods of theft of electrical or thermal energy may include, for example: unauthorized connection to the electrical or heating network, as a result of which energy is consumed without concluding an energy use agreement with the energy supplier (including connection to the electrical network outside the device (by means of) metering hidden electrical wiring and connection of electrical equipment separated by representatives of the energy supply organization) interference with the operation of metering devices (means), which leads to distortion of data on the volume (quantity) of energy consumed (mechanical braking of the metering device disk, installation of a jumper that bypasses the meter current circuit, the use of various types of devices (for example, autotransformers), reducing the readings of a meter, changing the position of the meter after its installation; metering devices; using a benefit for payment for the consumption of electrical or thermal energy, if the benefit was granted as a result of a person providing knowingly false information; water withdrawal from heating systems through taps and other devices, the use of “artificial zero” for the purpose of off-metering consumption of electrical energy. “Artificial zero” is an additionally installed grounding loop (including metal water supply or heating pipes), which is connected to the “zero” wire of the intra-house electrical network, which, if the meter is “incorrectly” connected (for example, if electrical energy is taken into account by a single-phase induction meter, - “phase” in the third terminal), allows unmetered consumption of electrical energy.

If an act committed for the purpose of stealing electrical or thermal energy forms an independent crime (for example, intentional or careless destruction or damage to property, falsification of measuring instruments), the actions of the perpetrator require additional qualification according to the relevant provisions of the Criminal Code (in particular, Article 194, 196, 226). On the possibility of qualifying the offense as a set of crimes provided for in Art. 1881 and Art. 1941, see paragraph 2 of the commentary to Art. 1941. Article 1881, in the part in which it provides for liability for theft of electrical or thermal energy by deception or breach of trust, is a special rule relative to Art. 192, which makes it possible to qualify the offense as a totality of these crimes only if there is a real totality of them.

The theft of electrical or thermal energy through its unauthorized use constitutes a crime under Art. 1881, if such actions caused significant damage (see note to Article 1881 and paragraph 15 General provisions To this section). Unauthorized use for personal gain of electrical and thermal energy without metering devices (if the use of metering devices is mandatory) or as a result of intentional damage to metering devices or in any other way, which has not caused significant or major damage, entails administrative liability (Article 1031 of the Code of Ukraine on Administrative Offenses from December 7, 1984).

When determining the amount of damage caused by the theft of electrical or thermal energy through its unauthorized use, one should proceed from the cost of illegally consumed energy (in fact, from the amount of money equivalent not received by the victim for the energy that belongs to him) and not take into account other indicators, for example, worsening conditions for the use of energy for other consumers (decrease in coolant temperature, decrease in electric current voltage, etc.). In this case, the provisions of relevant regulations may be taken into account. Thus, the determination of the amount of losses caused to the energy supplier as a result of the theft of electrical energy is carried out in accordance with the methodology approved by the National Electricity Regulatory Commission of Ukraine for determining the volume and cost of unaccounted-for electrical energy, taking into account: 1) tariffs for consumers of the corresponding group and voltage class, 2) the value of the calculated daily consumption electricity, 3) the number of days during which electricity was consumed in violation of the established rules. Thus, the amount determined should be reduced by the amount of the cost of electrical energy according to the electrical energy bills issued to the consumer for the period of violation and (or) the cost of electrical energy paid for this period. At the same time, it should be taken into account that, taking into account the specifics of the calculations provided for in the methodology of the National Electricity Regulatory Commission of Ukraine, the amount of losses caused to the energy supplier by unmetered electricity consumption is determined with its help, and may not coincide with the amount of damage actually caused to the victim by the criminal theft of electrical energy.

5. The subject of the crime is common. The crime can be committed either by a consumer (employee of a consumer organization) or by an employee of an enterprise engaged in the production or supply of electrical or thermal energy. If the commission of a crime under Art. 1881, an official forms the corpus delicti of the corresponding crime in the sphere of official activity, the crime committed goes beyond the limits of competition between the part and the whole and requires additional qualification according to the norm of the Criminal Code, providing for liability for this crime.

6. Subjective side characterized by direct intent and, as a rule, selfish goals (the wine seeks to enrich itself through “criminal savings” - non-payment for consumed energy).

7. The qualifying features of a crime are its commission: 1) repeatedly; 2) by prior conspiracy by a group of persons (see Article 28 and commentary thereto); 3) the task of a crime is damage on a large scale (see note to Art. 1881).

The theft of electrical or thermal energy should be considered committed repeatedly if it was committed by a person who previously committed a crime under Art. 1881, for which the person was not exempt from criminal liability on the grounds established by law, or if the conviction for this crime has not been withdrawn or expunged (see also Article 32 and the commentary thereto).

8. Crime under Art. 1881, must be distinguished from such an administrative offense as violation of the requirements of regulatory legal acts on technical operation power stations, energy equipment(Article 951 of the Code of Ukraine on Administrative Offenses of December 7, 1984). Unlike the crime in question, objective side which may also consist of a violation of the specified regulatory requirements, the commission of this administrative offense is not intended to steal electrical energy through its unauthorized use.

Code of Ukraine on Administrative Offenses of December 7, 1984 (Articles 951, 1031, 18512, 18820, 18821).

Law of Ukraine "On measures aimed at ensuring the sustainable functioning of enterprises in the fuel and energy complex" dated June 23, 2005 (Article 1).

Regulations on the procedure for disconnecting consumers from energy supply sources. Approved by Resolution of the Cabinet of Ministers of Ukraine N 705 of August 31, 1995

Regulations on state energy supervision over the consumption of electrical and thermal energy. Approved by Resolution of the Cabinet of Ministers of Ukraine N 929 of August 7, 1996

Procedure for supplying electrical energy. Approved by Resolution of the Cabinet of Ministers of Ukraine N 441 of March 24, 1999

Regulations on the procedure for issuing licenses by the National Electricity Regulatory Commission of Ukraine to carry out activities related to the production, transmission and supply of electrical energy, combined production of thermal and electrical energy, production of thermal energy at thermal power plants and installations using non-traditional or renewable energy sources. Approved by Resolution of the Cabinet of Ministers of Ukraine N 753 of April 29, 1999

Regulations on the procedure for imposing on subjects economic activity fines for violation of electricity legislation. Approved by Resolution of the Cabinet of Ministers of Ukraine N 1312 of July 21, 1999

Rules for the use of electrical energy for the population. Approved by Resolution of the Cabinet of Ministers of Ukraine N 1357 of July 26, 1999

Resolution of the Cabinet of Ministers of Ukraine "On the creation state enterprise"Energorynok" N 755 dated May 5, 2000

Rules for the provision of services for centralized heating, supply of cold and hot water and drainage. Approved by Resolution of the Cabinet of Ministers of Ukraine N 630 of July 21, 2005

The procedure for determining the amount and compensation of losses caused to the energy supplier as a result of the theft of electrical energy. Approved by Resolution of the Cabinet of Ministers of Ukraine No. 122 of February 8, 2006

Rules for the use of thermal energy. Approved by Resolution of the Cabinet of Ministers of Ukraine N 1198 of October 3, 2007

Rules of the Wholesale Electricity Market of Ukraine. Approved by Resolution of the National Electricity Regulatory Commission of Ukraine N 1047 dated November 12, 1997

Rules for the use of electrical energy. Approved by Resolution of the National Electricity Regulatory Commission of Ukraine N 910 dated October 17, 2005

Conditions and rules (license conditions) for carrying out economic activities for the production of thermal energy at thermal power plants and installations using non-traditional or renewable energy sources. Approved by Resolution of the National Electricity Regulatory Commission of Ukraine N 540 dated April 26, 2006

Methodology for determining the volume and cost of electrical energy not taken into account due to consumer violations of the rules for the use of electrical energy. Approved by Resolution of the National Electricity Regulatory Commission of Ukraine N 562 dated May 4, 2006

Rules for technical operation of consumer electrical installations. Approved by order of the Ministry of Fuel and Energy of Ukraine N 258 dated July 25, 2006

Another one is on the way heating season, and some Kazan residents are still trying to achieve a recalculation for the previous period.

Overpaid

Kazan resident Rinat Shakirzyanov, living on the street. Khadi Taktasha, I am sure that their house overpaid for heating in 2016 by 2 million rubles. But he hasn’t been able to get a recalculation from housing providers for a year now.

“I compared how much the management company charged us and how much it paid to the resource officers. It turned out that with Tatenergo the management company paid according to the meter, but charged us according to the standard. A statement on this fact has been lying with the Ministry of Internal Affairs for almost a year. All this time the check was carried out, I know that there are results confirming violations. But we haven’t heard about a criminal case,” he says.

“The discrepancy between the amounts transferred to resource supply companies and those actually paid by residents is a typical trick,” says Head of the Union of House Committees of Kazan Gennady Somov. “The difference ends up in the Criminal Code.” Thus, multi-million dollar overpayments for heat, according to AiF-Kazan, were identified in the Novo-Savinovsky district of Kazan. Part of the paid “surplus” was transferred to other purposes in violation of the law. The results of the inspection are dated February, but, despite the conclusions of the investigators, the criminal case has not yet proceeded. As reported by AiF-Kazan Chief State Housing Inspector of the Republic of Tatarstan Sergei Krainov, in 2016, Tatarstan residents received a recalculation of 25.5 million rubles, for six months of 2017 - by 9.8 million (for all types of charges for housing and communal services).

Tricky formula

But the most pressing question is in the calculation formula itself, says Somov. In Decree of the Government of the Russian Federation No. 354 of 2011. (which has been corrected more than once this year alone) for calculations, recently only the total area of residential and non-residential premises. “But what about public places (PCPs): entrances, strollers, etc. After all, they are also heated and are also non-residential,” Somov asks. - According to my calculations, because of this, the overpayment is from 4 to 5 rubles per sq. m. m. Common areas are taken into account when calculating the payment for single use, why are they not included in heating?”

Some management companies even count only by living space.

“It’s sometimes impossible to find space ends,” admits Executive Director of Housing and Public Utilities Control in the Republic of Tatarstan Dmitry Romanov. “When conducting an audit, we have to take data from the information disclosure site, but even there they can be incorrect.”

But in general, transparency has increased thanks to Resolution 731 of the Russian government on information disclosure, Romanov assures. “True, complaints about large bills remain,” he says. “And since July, tariffs have increased again”...

It can be difficult to figure out the charges on your own. You need to have on hand daily statements of heat energy consumed by the house, know the area (and for this you need to have a registration certificate of the house or request it from the BTI), have acts of resource supply organizations, etc.

So it turns out that Tatarstan residents suspect that something is not clean, but cannot prove it. We can only hope that the winter will be warm and that we won’t have to pay half our pension or salary for heating.

The original of this document is filed in criminal case No. 1-239/2015, stored in the Naberezhnye Chelny City Court of the Republic of Tatarstan

SENTENCE

IN THE NAME OF THE RUSSIAN FEDERATION

Judge of the Naberezhnye Chelny City Court of the Republic of Tatarstan Galimullin R.I., with the participation of:

State Prosecutor - Senior Assistant Prosecutor of the city of Naberezhnye Chelny Abdulkasymova M.Sh.,

defendant Satsuk A.Yu.,

defender Shelkovnikova O.M., who presented an identification... and a warrant...,

victims SR., SA., ZR., DV., Z., S., O., GI., DN., AD.,

representatives of victims MR., GV., GR., BR.,

under secretary Shakirova G.Kh.,

having examined in open court a criminal case on charges of:

Satsuk A.Yu., ... not convicted,

in the commission of crimes provided for in part 1 of the article, part 4 of the article,

installed:

Satsuk A.Yu., being the sole founder of the company with limited liability housing management company "Klyuchevoye" (hereinafter LLC UZHK "Klyuchevoye", management company or company), located at the address: Naberezhnye Chelny, new city, building 47/36/6, holding, in accordance with the decision of the sole participant... dated October 29, 2009, the position of General Director of LLC UZHK "Klyuchevoye", exercising management current activities society, being sole executive body of this management company and performing in it managerial, organizational, administrative and administrative functions related to representing the interests of the management company in all organizations and institutions, making transactions on its behalf, disposing of its property within the limits established by the charter of the company, using his official position , realizing that the management company does not sell heat resources, but acts as an intermediary in making calculations, engaging in the distribution of cash, received from owners and tenants of residential premises as payment for consumed utility resources provided by resource supply organizations in the period from January 1, 2012 to February 18, 2014, in daytime, while in the office of LLC UZHK "Klyuchevoye", located at the address: Naberezhnye Chelny, new city, building 47/36/6, acting deliberately, in order to obtain property benefits for themselves and cause harm to the resource supplying organizations of OJSC "Tatteplosbyt" and OJSC "Generating Company", realizing the social danger and illegality of its actions, foreseeing the inevitability of causing socially dangerous consequences as a result of its criminal actions in the form of causing significant harm and wanting this, abused its powers contrary to the legitimate interests of UZhK "Klyuchevoye" LLC, which resulted in significant harm to OJSC Tatteplosbyt and OJSC Generating Company, expressed in causing property damage in the amount of 6,634,122 rubles 32 kopecks, under the following circumstances.

Thus, on February 28, 2005, ZYABZhilServis LLC was registered with the Federal Tax Service of Russia in Naberezhnye Chelny, which on October 20, 2009, based on the decision... of the sole participant of ZYABZhilServis LLC, was renamed into UZHK Klyuchevoye LLC. In accordance with clause 3.1 of the charter of UZhK “Klyuchevoye” LLC, the main goal of the company’s activities is to make a profit. In accordance with paragraph 3.3 of the charter, the main activities of the company include management real estate, management of the operation of residential and non-residential stock.

During the period from October 29, 2009 to February 18, 2014 to carry out its activities in managing apartment buildings general manager LLC UZHK "Klyuchevoye" (formerly LLC "ZYABZhilServis") Satsuk A.Yu. concluded standard contracts for the management of multi-apartment residential buildings located on the territory of the new part of Naberezhnye Chelny at the following addresses: building 59/19, 59/21, 50/14A, 20/01, 54/18A, 47/36/1, 47/36/6, 47/36 /5, 27/05A, 27/10A, 13/16, 9/23B, 52/20A, in accordance with the terms of which the owners of residential premises instructed the management company to enter into contracts for the supply of utility services with resource-supplying organizations and to provide utility services of appropriate quality, in including hot water supply and heating. Resource supply organizations, in turn, within an agreed period of time for a fee, were required to provide services and perform work on the proper maintenance and repair of common property in these houses, and provide utilities to the owners of residential premises.

In accordance with the Rules for the provision of public services to citizens, approved by Government Decree Russian Federation dated May 23, 2006 No. 307 “On the procedure for providing utility services to citizens,” the organization managing an apartment building is obliged to provide the consumer with utility services in the volumes necessary for him, of adequate quality, safe for his life, health and not causing harm to his property, in compliance with legal requirements, these Rules and the agreement; enter into agreements with resource supplying organizations to provide utility services to consumers.

Civil claim for compensation material damage OJSC "Generating Company" in the amount of 24,795,189 rubles and the bankruptcy manager of LLC UZHK "Klyuchevoye" AD. in the amount of 9,710,757 rubles 8 kopecks, the court considers it necessary to transfer it for consideration in civil proceedings due to the need to make additional settlements that require postponing the trial, while recognizing the JSC Generating Company and the bankruptcy trustee as AD. right to satisfaction of a civil claim.

sentenced:

Recognize Satsuk A.Yu. guilty of committing crimes provided for in part 1 of the article, part 4 of the article and assign her punishment:

Under part 1 of the article – 1 (one) year 6 (six) months of imprisonment;

Under Part 4 of the article – 2 (two) years of imprisonment.

In accordance with part 3 of the article, by partial addition of the imposed penalties, finally Satsuk A.Yu. impose a sentence of 3 (three) years of imprisonment to be served in a general regime correctional colony.

Change the preventive measure in the form of a written undertaking not to leave the place and proper behavior to detention and take Satsuk A.Yu. into custody from the courtroom.

Cancel the arrest imposed on an agricultural land plot under cadastral number... with a total area of 145,182 sq.m., located at the address: Republic of Tatarstan, Tukaevsky district,...

Cancel the seizure imposed on the consumables:

personal account...

personal accounts of LLC UZhK "Klyuchevoye" No...., 407..., located in LLC "Kamsky Horizon" in Naberezhnye Chelny; No...., 40..., located at OJSC Ak Bars Bank in Naberezhnye Chelny; No...., 40..., located in the branch of OJSC "Intechbank" in Naberezhnye Chelny;

personal account...

Recognize OJSC "Generating Company" and the bankruptcy manager of LLC UZHK "Klyuchevoye" AD. the right to satisfy a civil claim and submit the issue of the amount of compensation for a civil claim for consideration in civil proceedings.

Physical evidence: ... – leave with AD.;

Return Satsuk A.Yu.

The verdict may be appealed against Supreme Court Republic of Tatarstan within 10 days from the date of proclamation through the Naberezhnye Chelny City Court, and the convicted Satsuk A.Yu. within the same period from the date of delivery of a copy of the verdict to her. In case of filing appeal the convicted person has the right to petition for her participation in the consideration of the criminal case by the court of appeal.

Judge (signature).

The copy is correct.

Judge: R.I. Galimullin

Secretary of the court session: G.Kh. Shakirova

Judge: R.I. Galimullin

Court:

Naberezhnye Chelny City Court (Republic of Tatarstan)

Other persons:

Satsuk A.Yu.

Judges of the case:

Galimullin R.I. (judge)

Judicial practice on:

For utility bills

Judicial practice on the application of the norms of Art. 153, 154, 155, 156, 156.1, 157, 157.1, 158 Housing Code of the Russian Federation

Misappropriation and embezzlement

Judicial practice on the application of Art. 160 of the Criminal Code of the Russian Federation

Regulation and accounting of thermal energy is a pressing issue not only for consumers, but also for power engineers themselves. Therefore, the new rules for commercial metering of thermal energy of the coolant, in accordance with the changes made to the resolution number 1034 in October 2019, could not have come at a better time. Plus, the work of organizations supplying heat is facilitated by the methodology for commercial metering of thermal energy, approved by order of the Ministry of Construction under number 99/pr in 2014.

It is much easier for employees of energy enterprises to understand the nuances of the listed regulatory acts than for ordinary consumers of electricity. Especially those who don't even have basic legal education. Looking through gigabytes of information, reading comments and explanations is quite difficult. That is why our website employs experienced, qualified specialists who provide advice to ordinary people completely free of charge.

Resolution 1034, amended in 2019, contains the main provisions for energy accounting, including in an apartment building (and in an ordinary residential building, the heating of which is central, and not stove or gas).

The main provisions of the 1034th resolution:

requirements that heat energy meters must meet;
how to install meters correctly;
how to properly check heat meters;
rules for payment by consumers in an apartment building;
monitoring the quality of supplied heat;
characteristics that must be met thermal energy and coolant for quality control;
how to distribute possible losses energy resources;
determination of energy used for accounting for commercial purposes;
methodological manual on heat metering;
other provisions of the resolution, including those related to heat metering in an apartment building in 2019.

Goals of organizing commercial metering of thermal energy in 2019:

organization of payments between suppliers and consumers of thermal energy;
control of operating modes thermal equipment(keeping a journal in which every little detail will be noted, including breakdowns and repairs);
controlling the rational use of heat in an apartment building;
distribution of payment for heat fairly (in a more insulated entrance to an apartment building it will be warmer, and therefore pay less than those in which the entrances “heat the street”);
stimulating consumers to save;
transfer of responsibility and maintenance of common property from housing and communal services to the owners;
organization of document flow regarding the accounting of thermal energy and coolant (for example, keeping a journal) in 2019.

You can learn more about the heat metering rules by studying the resolution more carefully. Or by asking a question to consultants.

Heat metering log in an apartment building in 2019

The above rules provide mandatory maintenance log of supplied heat in an apartment building. Readings must be taken every day at the same time. According to the application of resolution 1034 in 2019 face of this document reflects subscriber (consumer) data:

Name;
subscriber number;
address;
data of the responsible person;
telephone number;
coefficients used for recalculation;
start and end date of logging.

The heat log in the house must contain the following information:

date of reading;
time of reading;
volume (quantity) of supplied heat;
coolant weight along the supply pipe;
return coolant weight;
supply pipe temperature;
return temperature;
timer.

Journal pages must have serial numbers. The document itself is mandatory laced and sealed to avoid substitution of records or loss of leaves. Also, the log must indicate all possible malfunctions and problems that have arisen with the coolant or meter. The consumer is obliged to notify Gosenergonadzor employees of the breakdown within 24 hours. At the end of the month, the consumer provides a copy of the log and readings from instruments that monitor coolant parameters to the organization that supplies heat energy.

Difficulties in installing and using a metering device in 2019

Despite the fact that the government seems to care about its citizens, difficulties with innovation cannot be avoided. Especially at first, until ordinary people they will delve into and try to understand what has changed in the law and why they need it. Let's first list the main difficulties that await owners of living space in an apartment building in 2019.

payment for communal meters and the cost of their installation work falls on the shoulders of the consumer;
payment of the share of residents occupying communal square meters, will be produced from the municipality;
the housing bill will include an item for repairing the meter (regardless of whether it was broken or not);
The management company, which must pay monthly for the heat used so as not to leave the entire house without heating, can distribute the share of defaulters to bona fide consumers. This is, of course, illegal, but such cases have already happened;
the law does not say what to do if there are interruptions in the operation of the meter, how to calculate the payment? It is most likely that the housing and communal services or management company will decide clearly not in favor of consumers, but will act in their own interests.

Now let's look at each point in more detail. The cost of the devices indicated in the first paragraph of the list and their maintenance will be very expensive. According to approximate calculations, this amount will be no less than 150,000 rubles. It seems to be easier for residents of communal apartments; the municipality will bear the costs. But we understand that the budget is not flexible and additional costs were unlikely to be included in it in advance. This means you will have to save on everything. Including major and current repairs. But the owners of privatized apartments will pay their share independently. And it’s not a fact that everyone this amount it will be affordable.

One good thing is that in houses to be demolished and in small apartment buildings, where the cost of installing metering devices will exceed the six-month payment for heating energy, nothing will be installed. In general, clearly useful advice, which can be given to consumers - if problems arise, immediately seek advice from experienced lawyers. This can be done through the feedback form on our website for free.