Recalculation in receipts for electricity petroelectrosbyt. Petroelektrosbyt explained how to pay for electricity correctly and when to take meter readings. New procedure for paying for electricity. Why did it happen

Payment "for a communal apartment" and a payment "for light" - a familiar set. But habitual does not mean legal. Guaranteed electricity supplier "Petersburg Sales Company", which serves 92 percent of subscribers in St. Petersburg, and its agent " Petroelectrosbyt”, designed to send out receipts and collect fees from household consumers, they approached the interpretation of the letter of the law creatively. Such "creativity" is paid from the pocket of ordinary citizens.

FRAUD PROTECTION

Residents of St. Petersburg pay for electricity according to a special scheme: they received a separate receipt, entered the meter reading (if any), came to the Petroelectrosbyt cash desk, received a check.

With communal apartments, of which there are 83,350 in St. Petersburg, the story is more dramatic: they do not receive receipts for electricity at all. The calculation is “in words”: the neighbors agree among themselves, then everyone goes to the cashier, tells the cashier how many kilowatts they want to pay for. And then, on the spot, he receives a ticket.

And everything would be fine, but as soon as a malicious defaulter appears in a communal apartment, the whole apartment receives a lawsuit. And often neighbors, honest and dishonest, are awarded joint and several liability: in fact, they are forced to pay for a debtor neighbor, and then sue him.

The main reason why residents of communal apartments are not issued separate receipts is the lack of data on how many people live in each of the rooms.

- We do not have the right to receive this information if the owner himself did not provide it, - explains the deputy general director of Petroelectrosbyt Vladimir Reznichenko. - These data are given only at the request of government agencies, and we are a commercial organization. This protects consumers from scammers.

BILL FOR FIFTY MIGRANTS

The lack of data on residents gives Petroelectrosbyt a lot of trouble. Firstly, these are the courts: there is no other way to get money from a debtor communal apartment. Secondly, additional “gestures” with those communal apartments that decided to switch to separate accounting and receive separate receipts: residents must write applications and provide certificates. But even in this case, the "electricians" are not able to track changes in the number of registered until the "communal services" themselves tell them.

Counters for rooms do not solve the problem. To be sealed, they must be in every room. But the light that is "wound up" in the kitchen or bathroom will still be shared by everyone.

- Yes, and counters can not be installed everywhere, - Vladimir Reznichenko notes. We have a lot of dilapidated housing. To supply a meter that complies with the rules, it is often necessary to change the entire wiring. As a result, in other communal apartments, everything will have to be rewired and repaired. And the amount spent becomes comparable to the one that the communal apartment could be resettled.

Many residents of communal apartments avoid "open" settlement: "everyone is silent en masse." After all, nobody needs a bill for fifty migrants.

"COMPANY'S SECRET"

It would seem that gas workers and "plumbers" somehow issue invoices according to the number of residents. Most suppliers get along on one sheet of paper - on a common receipt. Why not add light to it?

“It is more convenient for us to work pointwise,” explains Reznichenko. - We know: a grandmother lives here, and here - an insolent defaulter. Therefore, we have a high collection rate of payments - 99.7 percent.

Other suppliers of "communal goods" cannot communicate directly with the consumer, because the payment is made through the State Unitary Enterprise VCKP "Housing". But the enterprise receives data on residents directly from the HOA and management companies with which it has contracts.

You can't just take information from the VTsKP. And no one wants to cooperate. According to the specialists of the Petersburg Sales Company, the enterprise "works inefficiently and non-transparently." For example, in the case of partial payment on a single receipt, the splitting of the amount allegedly occurs in an incomprehensible way, no calculations are provided. And “VTsKP makes a helpless gesture and says: “The secret of the firm.”

NO DIFFERENCE, NO NEED

To work with debtors, the enterprise has no mechanism, according to the “electricians”, they do not know how to sue. And hence the low collection of payments. Moreover, the “padding” company requires funds for maintenance. But there is also a psychological moment.

“It is much easier to pay five hundred rubles for electricity than to pay four thousand at once on a general receipt,” Vladimir Reznichenko explained. - And if a person does not agree with some point, payment for all services is delayed. And everyone suffers.

In a word, "electricians" are not going to be included in the general payment yet. On the contrary, they see that other suppliers also seek direct contact with the consumer.

Petroelektrosbyt found a convenient way out of a hopeless situation: to collect money in solidarity. After all, "there is no difference: the object of energy supply is one."

“For those who have not switched to separate accounting, we can only advise one thing: keep all receipts for at least three years,” explains Reznichenko. - And "throw" for common areas. Only in this case there will be no questions, and you will be excluded from the number of respondents.

With separate receipts more or less clear. Where are the common ones?

“There is no need to send general receipts to communal apartments,” says Reznichenko. - Receipts are generated at the time of payment. If you want delivery with a postman, write an application. But then it will be more convenient to immediately switch to separate accounting.

THE WORD "OPAQUE"

The “non-transparent and inefficient” clearinghouse dryly answers all attacks that it “works according to the law”. Specialists reported that their collection rate for the past year was by no means bad - 97.59 percent. That in case of incomplete payments, the money, as expected, is divided among the resource workers proportionally. That information about settlements is transmitted to both suppliers and management companies online. And what ... only management companies have the right to print receipts.

“According to the law, without the decision of the owners, the obligation to issue invoices and collect fees for housing and communal services lies with the managing organization, partnership or cooperative,” they explain at the enterprise. - Their direct duty is to work with debtors.

PAYMENTS IS - NO DATA

Let's look at the law. The provision of public services to residents of high-rise buildings and individual houses is devoted to a separate government decree No. 354.

Paragraphs 8 and 9 state that a managing organization, a partnership or cooperative, a resource supplying organization can act as a "utility service provider".

Paragraph 31 notes that the contractor is obliged to accept meter readings from consumers, check these meters and send payments. And the next paragraph states that the contractor has the right, if necessary, to establish the number of citizens living (including temporarily) in an apartment or room if the premises are not equipped with metering devices. Meanwhile, fifty thousand subscribers, according to Petroelectrosbyt, have broken accounting: the meter is either broken, or does not work correctly, or is missing.

It turns out that there is a discrepancy: there are payments for electricity, but there is no data on living honors.

“The fact is that only a cooperative or a management company can issue a receipt,” explains Vladimir Roginkin, a lawyer in the housing and communal services sector with ten years of practice. – A resource worker, with rare exceptions, cannot be a performer at the same time.

This is also confirmed by Decree No. 416, which introduces standards for the work of "managers". They, judging by the document, are required to pay for a communal apartment, charge fees, draw up payments and send them to apartments, as well as sue debtors.

According to article 161 of the Housing Code, owners can choose one of three management options: a managing organization, a cooperative or partnership, and direct management. The latter option is only suitable for houses with no more than thirty apartments.

“In practice, direct management is the only case when a resource manager can communicate directly with the owners,” Roginkin notes.

NO SOLIDARITY

According to paragraph 63 of Decree No. 354, the consumer is obliged to pay for a communal apartment. But pay either the performer or the agent hired by the performer. Article 155 of the Housing Code speaks of the same: residents of a house run by a managing organization pay for a communal apartment only with it.

True, according to paragraph 64, residents have the right to pay the resource provider directly. But such a decision is made only by the meeting of owners.

“And here we are only talking about transferring money,” Vladimir Roginkin draws attention. - And the receipts are still prepared and printed by the managing organization.

By the way, about receipts: according to paragraph 67 of the resolution, you need to pay on the basis of payment documents. And paragraph 69 lists that the receipt should contain, among other things, information about the owners (and this is, first of all, the name, surname and patronymic), the amount of service consumed, the amount of the fee and the amount of debt, if any. Article 155 of the Housing Code also speaks of payment documents. And the order of the Ministry of Construction No. 924 introduces a form of payment: full name, judging by it, should be.

Meanwhile, for communal apartments that have not switched to separate accounting, Petroelectrosbyt does not issue receipts at all. And the tickets that are issued "from the words" are impersonal.

Yes, joint and several liability for residents of communal apartments is also out of the question.

“There is no joint liability for communal apartments,” says the lawyer. - There are standards and formula No. 7, which is used to divide the total consumption between rooms.

True, in order to use the formula, you need to know how many people live in each room.

VOID CONTRACT

Only the contract, according to paragraph 6 of the resolution, is the basis for the provision of public services. It is concluded either in writing or automatically upon connection to the network.

Petroelectrosbyt relies on Article 540 of the Civil Code, which states: an energy supply contract is considered concluded with a citizen from the moment he is actually connected to the network. But for some reason, the company does not mention in court that, according to Article 548 of the same code, this rule is valid only if the law does not provide otherwise.

And "other" is just established. Article 12 of the Housing Code says that "managers" do not have the right to refuse to conclude an agreement with resource workers. And paragraph 7 of the resolution stipulates that a written contract cannot contradict document No. 354.

“It is generally wrong to rely on the Civil Code in this case: the Civil Code is a general structure, but there is also a special Housing Code and related regulations,” explains Roginkin. – No other laws apply to Decree No. 354. And if there is a contradiction, the norms of the resolution apply.

But "Petersburg Supply Company" automatically concludes an agreement with subscribers, according to which it gives itself the right to "calculate fees for consumed electrical energy and issue payment documents for payment."

“Such an agreement is void: it contradicts the current legislation,” notes Vladimir Roginkin. - It was drawn up not only in complete contradiction to the norms of the Housing Code, but also to the law "On Protection of Consumer Rights."

To eliminate the last doubts, turn off the light and seal the meters "Petroelektrosbyt" and his "mother" also, according to the lawyer, do not have the right: this is the right and duty of the management company.

- In a good way, "Petersburg Sales Company" should refuse the agent and be included in the general receipt, - summed up the lawyer. - That is, to shift the authority to the management companies: to transfer to them all the meters, all the documentation and all the calculations for the last three to four months.

CARL WITH CLARA...

And everything would be fine, but one resource worker spoils the life of the rest.

“There is individual consumption, and there are general house needs,” explained the specialists of the All-Russian Central Committee for the Counseling of the Commonwealth. – When a supplier comes to an apartment building directly to the owner, he destroys the ability of management companies to see the entire consumption of the building. It removes information about individual consumption - and management companies cannot correctly calculate the fee.

Wayward "electrician" indirectly produces debtors. After all, the "managers" are deprived of the most effective tool to combat them.

- The management organization, by law, may, after a warning, impose restrictions on the provision of public services, - they say at the enterprise. - Cold water and heating can not be turned off for debts. But you can limit the sewerage, shut off the hot water. But the simplest and most effective is to limit the supply of electricity. If the managers had such an opportunity, then the debtor would pay not only for the light, but also for all other services.

Harmful "arbitrariness" and the consumers themselves.

“When there is a general receipt, the citizen receives a guarantee that the calculations were made correctly,” they explain at the enterprise. – And when paying directly, the supplier remains without control.

"THIS IS OUR ALL"

In one of the St. Petersburg State Unitary Enterprises of the housing and communal services sector, Komsomolskaya Pravda was told that individual payments for electricity seriously hit the pocket of an ordinary consumer.

- If everyone creates their own "Petroelectrosbyt" and switches to separate receipts, then he will lay in the tariff fifteen percent for the maintenance of this "layer": This is allowed by law, - says the interlocutor of Komsomolskaya Pravda. - But with a single receipt, only 2.7 percent are included in the tariff on average.

Given that a one-room apartment with a gas stove and one tenant pays about six hundred rubles a month for electricity, she "overpays" almost nine hundred rubles a year for an agent. Petersburg has two million household subscribers. And this is almost 1.8 billion rubles a year. And this is if we imagine that all the apartments in the city are one-room and with gas stoves.

In many regions, individual receipts proved to be ineffective: they collected no more than 96 percent of payments.

“But in our country, only in three cities, management companies issue bills for electricity,” the interlocutor notes. - That is, three cities charge electricity fees according to the law.

Immediately, two interlocutors of Komsomolskaya Pravda answered that the freedom of the Petersburg Sales Company arose for a reason.

“The court supports them,” notes one specialist. - Why? Given the installation: resource workers are our everything, and if they file a lawsuit against someone, then they are right.

“It will continue like this,” the second specialist believes. - For now, there will be a rich company in the city with a good political lobby at the country level.

INSTEAD OF AFTERWORD

Komsomolskaya Pravda asked Petroelektrosbyt a specific question: on the basis of which particular points of the law does the company make payments and collect fees? The company said it is based on paragraph 17 of resolution No. 354. We present it in full below:

“A resource supplying organization, for which, in accordance with the legislation of the Russian Federation on water supply, sewerage, electricity supply, heat supply, gas supply, the conclusion of an agreement with the consumer is mandatory, proceeds to provide a utility service of the appropriate type:

a) owners and users of premises in an apartment building in which direct control is chosen as the method of management - from the date indicated in the decision of the general meeting of owners of premises on the choice of such a method of management, until the date when the provision of public services by the managing organization or partnership or cooperative begins, specified in paragraph 14 or 15 of these Rules;

b) owners and users of premises in an apartment building in which a management method has not been selected or a management method has been selected, but the events specified in paragraphs 14 and 15 of these Rules have not occurred - from the date of the emergence of ownership of the premises, from the date the residential premises are provided with housing by a cooperative, from the date of conclusion of a lease agreement, from the date of conclusion of a lease agreement, unless another period is established by the legislation of the Russian Federation on water supply, sanitation, electricity supply, heat supply, gas supply, or from the date of termination of the previously chosen method of managing an apartment building until the day the manager begins providing utility services organization or partnership or cooperative, specified in paragraph 14 or 15 of these Rules;

c) owners and users of residential buildings (households) - from the date of the first actual connection of a residential building (household) in the prescribed manner to a centralized engineering and technical support network directly or through engineering and technical support networks connecting several residential buildings (households) located on nearby land plots, unless another period is established by the legislation of the Russian Federation on water supply, sanitation, electricity supply, heat supply, gas supply, except for the period of time during which between the owner of a residential building (household) and the organization specified in subparagraph "b" of paragraph 10 of these of the Rules, an agreement on the provision of public services has been concluded and is being executed in writing and such an agreement has not been terminated.

We also received the following letter(spelling and punctuation preserved):

“At CJSC Petroelectrosbyt, the correspondent was informed that the company, as an agent of JSC PSK, acts strictly within the law. In paragraph 17 of the “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings”, approved by Government Decree No. 354 of 05/06/2011 (“Rules 354”), it is written in black and white that the resource supply organization is not only entitled, but even is obliged to provide public services directly to residents of apartment buildings in some cases. One of these cases is when there is a managing organization, but it does not provide services for the supply of a communal resource to residents. It is this case that is observed in the vast majority of St. Petersburg houses: management companies do not provide residents with a service to supply electricity to apartments.

We emphasize that in this case, the resource supplying organization is obliged to become a utility service provider, conclude contracts and make settlements directly with residents. And on this basis, Petroelectrosbyt concludes energy supply contracts with citizens. To save consumers from unnecessary bureaucratic red tape, the company, using Art. 540 of the Civil Code and clause 7 of "Rules 354", concludes an agreement orally. But at the request of the consumer, he can also sign a written contract,” the company commented.

This provision of the law guarantees citizens an uninterrupted supply of a communal resource and, first of all, is aimed at protecting the interests of consumers. Otherwise, citizens would be forced to wait for the electricity (water, heat, etc.) to be turned on until the management organization is selected or until the selected organization starts providing all services. The LCD of the Russian Federation does not provide for how a resource supplying organization should act when the management company does not provide a service for the supply of one of the resources. "Rules No. 354" supplements the LCD and does not contradict it.

It should be noted that in the Leningrad Region, management companies collect fees for electricity consumed for general house needs from residents, and in some cases they do not transfer the funds collected from residents to the electricity supplier, PSK JSC. A fraudulent scheme is operating in many districts of the Leningrad Region: a temporary management company is created that collects money from residents, then this company goes bankrupt and disappears in an unknown direction along with the money collected from consumers. The current direct settlement procedure in St. Petersburg allows St. Petersburg residents to be sure that their money paid for electricity has been received for its intended purpose - directly to the service provider.

Moreover, direct payments are most often the decision of the residents themselves, represented by the HOA or the managing organization.

It should also be noted that not only electricity is paid on a separate receipt: in most houses gas is also paid separately, in some houses heating and hot water. This is an absolutely legal and efficient way of working.”

Attention question: What do you think?

Komsomolskaya Pravda continues to monitor developments.

The new system of payment for electricity, introduced in St. Petersburg in early autumn 2012, still causes bewilderment among the residents of the city. Despite the passage of 3.5 months, many Petersburgers still do not fully understand how to properly pay off electricity bills now. In this regard, after talking with journalists, the management of the company "Petroelektrosbyt" answered the frequently asked questions of citizens.

The main mistake of payers, according to the representative of the organization, is the wrong choice of the date for providing information about the readings of apartment meters. According to the logic (and the information specified in the receipt), the values ​​must be transferred on the last day of the month, that is, on the 30th or 31st. As it turned out, such an approach is fundamentally wrong, and there is a specific period for informing Petroelectrosbyt about the testimony: from the 23rd to the 25th. Thus, it is better to pay receipts before the 25th, otherwise confusion is likely.

One of the visible advantages of the new system is the ability to pay off electricity bills not only at the organization's offices, but also at terminals, third-party banks, or via the Internet. But those who have taken advantage of the "good" of electronic payments immediately have an additional concern: none of the payment systems transmits the ill-fated values ​​of the counters. Therefore, you will have to submit statements separately. There are two ways, and both are not very convenient: either go to the Petroelectrosbyt branch (losing all the charm and generally expediency of electronic payment), or fill out an inconvenient "footcloth form" manually checked on the organization's website, and hope that it will not be lost among thousands complaints and feedback sent through the same interface.

As the interlocutor added, if the payer "forgot" about the numbers on the meter, then next month he will receive a receipt with the average value of his energy consumption. But if you "forget" about the testimony for 3 months in a row, then the punishment will be the transfer of the subscriber to accounts with electricity consumption standards established by law, which is unlikely to please the subscriber.

As for the accrual of penalties, in order to avoid them, the money must be paid before the 29th day of the reporting month, otherwise the St. Petersburg energy monopolist cannot promise the absence of penalties.

Payment "for a communal apartment" and a payment "for light" - a familiar set. But habitual does not mean legal. Guaranteed electricity supplier "Petersburg Sales Company", which serves 92 percent of subscribers in St. Petersburg, and its agent " Petroelectrosbyt”, designed to send out receipts and collect fees from household consumers, they approached the interpretation of the letter of the law creatively. Such "creativity" is paid from the pocket of ordinary citizens.

FRAUD PROTECTION

Residents of St. Petersburg pay for electricity according to a special scheme: they received a separate receipt, entered the meter reading (if any), came to the Petroelectrosbyt cash desk, received a check.

With communal apartments, of which there are 83,350 in St. Petersburg, the story is more dramatic: they do not receive receipts for electricity at all. The calculation is “in words”: the neighbors agree among themselves, then everyone goes to the cashier, tells the cashier how many kilowatts they want to pay for. And then, on the spot, he receives a ticket.

And everything would be fine, but as soon as a malicious defaulter appears in a communal apartment, the whole apartment receives a lawsuit. And often neighbors, honest and dishonest, are awarded joint and several liability: in fact, they are forced to pay for a debtor neighbor, and then sue him.

The main reason why residents of communal apartments are not issued separate receipts is the lack of data on how many people live in each of the rooms.

- We do not have the right to receive this information if the owner himself did not provide it, - explains the deputy general director of Petroelectrosbyt Vladimir Reznichenko. - These data are given only at the request of government agencies, and we are a commercial organization. This protects consumers from scammers.

BILL FOR FIFTY MIGRANTS

The lack of data on residents gives Petroelectrosbyt a lot of trouble. Firstly, these are the courts: there is no other way to get money from a debtor communal apartment. Secondly, additional “gestures” with those communal apartments that decided to switch to separate accounting and receive separate receipts: residents must write applications and provide certificates. But even in this case, the "electricians" are not able to track changes in the number of registered until the "communal services" themselves tell them.

Counters for rooms do not solve the problem. To be sealed, they must be in every room. But the light that is "wound up" in the kitchen or bathroom will still be shared by everyone.

- Yes, and counters can not be installed everywhere, - Vladimir Reznichenko notes. We have a lot of dilapidated housing. To supply a meter that complies with the rules, it is often necessary to change the entire wiring. As a result, in other communal apartments, everything will have to be rewired and repaired. And the amount spent becomes comparable to the one that the communal apartment could be resettled.

Many residents of communal apartments avoid "open" settlement: "everyone is silent en masse." After all, nobody needs a bill for fifty migrants.

"COMPANY'S SECRET"

It would seem that gas workers and "plumbers" somehow issue invoices according to the number of residents. Most suppliers get along on one sheet of paper - on a common receipt. Why not add light to it?

“It is more convenient for us to work pointwise,” explains Reznichenko. - We know: a grandmother lives here, and here - an insolent defaulter. Therefore, we have a high collection rate of payments - 99.7 percent.

Other suppliers of "communal goods" cannot communicate directly with the consumer, because the payment is made through the State Unitary Enterprise VCKP "Housing". But the enterprise receives data on residents directly from the HOA and management companies with which it has contracts.

You can't just take information from the VTsKP. And no one wants to cooperate. According to the specialists of the Petersburg Sales Company, the enterprise "works inefficiently and non-transparently." For example, in the case of partial payment on a single receipt, the splitting of the amount allegedly occurs in an incomprehensible way, no calculations are provided. And “VTsKP makes a helpless gesture and says: “The secret of the firm.”

NO DIFFERENCE, NO NEED

To work with debtors, the enterprise has no mechanism, according to the “electricians”, they do not know how to sue. And hence the low collection of payments. Moreover, the “padding” company requires funds for maintenance. But there is also a psychological moment.

“It is much easier to pay five hundred rubles for electricity than to pay four thousand at once on a general receipt,” Vladimir Reznichenko explained. - And if a person does not agree with some point, payment for all services is delayed. And everyone suffers.

In a word, "electricians" are not going to be included in the general payment yet. On the contrary, they see that other suppliers also seek direct contact with the consumer.

Petroelektrosbyt found a convenient way out of a hopeless situation: to collect money in solidarity. After all, "there is no difference: the object of energy supply is one."

“For those who have not switched to separate accounting, we can only advise one thing: keep all receipts for at least three years,” explains Reznichenko. - And "throw" for common areas. Only in this case there will be no questions, and you will be excluded from the number of respondents.

With separate receipts more or less clear. Where are the common ones?

“There is no need to send general receipts to communal apartments,” says Reznichenko. - Receipts are generated at the time of payment. If you want delivery with a postman, write an application. But then it will be more convenient to immediately switch to separate accounting.

THE WORD "OPAQUE"

The “non-transparent and inefficient” clearinghouse dryly answers all attacks that it “works according to the law”. Specialists reported that their collection rate for the past year was by no means bad - 97.59 percent. That in case of incomplete payments, the money, as expected, is divided among the resource workers proportionally. That information about settlements is transmitted to both suppliers and management companies online. And what ... only management companies have the right to print receipts.

“According to the law, without the decision of the owners, the obligation to issue invoices and collect fees for housing and communal services lies with the managing organization, partnership or cooperative,” they explain at the enterprise. - Their direct duty is to work with debtors.

PAYMENTS IS - NO DATA

Let's look at the law. The provision of public services to residents of high-rise buildings and individual houses is devoted to a separate government decree No. 354.

Paragraphs 8 and 9 state that a managing organization, a partnership or cooperative, a resource supplying organization can act as a "utility service provider".

Paragraph 31 notes that the contractor is obliged to accept meter readings from consumers, check these meters and send payments. And the next paragraph states that the contractor has the right, if necessary, to establish the number of citizens living (including temporarily) in an apartment or room if the premises are not equipped with metering devices. Meanwhile, fifty thousand subscribers, according to Petroelectrosbyt, have broken accounting: the meter is either broken, or does not work correctly, or is missing.

It turns out that there is a discrepancy: there are payments for electricity, but there is no data on living honors.

“The fact is that only a cooperative or a management company can issue a receipt,” explains Vladimir Roginkin, a lawyer in the housing and communal services sector with ten years of practice. – A resource worker, with rare exceptions, cannot be a performer at the same time.

This is also confirmed by Decree No. 416, which introduces standards for the work of "managers". They, judging by the document, are required to pay for a communal apartment, charge fees, draw up payments and send them to apartments, as well as sue debtors.

According to article 161 of the Housing Code, owners can choose one of three management options: a managing organization, a cooperative or partnership, and direct management. The latter option is only suitable for houses with no more than thirty apartments.

“In practice, direct management is the only case when a resource manager can communicate directly with the owners,” Roginkin notes.

NO SOLIDARITY

According to paragraph 63 of Decree No. 354, the consumer is obliged to pay for a communal apartment. But pay either the performer or the agent hired by the performer. Article 155 of the Housing Code speaks of the same: residents of a house run by a managing organization pay for a communal apartment only with it.

True, according to paragraph 64, residents have the right to pay the resource provider directly. But such a decision is made only by the meeting of owners.

“And here we are only talking about transferring money,” Vladimir Roginkin draws attention. - And the receipts are still prepared and printed by the managing organization.

By the way, about receipts: according to paragraph 67 of the resolution, you need to pay on the basis of payment documents. And paragraph 69 lists that the receipt should contain, among other things, information about the owners (and this is, first of all, the name, surname and patronymic), the amount of service consumed, the amount of the fee and the amount of debt, if any. Article 155 of the Housing Code also speaks of payment documents. And the order of the Ministry of Construction No. 924 introduces a form of payment: full name, judging by it, should be.

Meanwhile, for communal apartments that have not switched to separate accounting, Petroelectrosbyt does not issue receipts at all. And the tickets that are issued "from the words" are impersonal.

Yes, joint and several liability for residents of communal apartments is also out of the question.

“There is no joint liability for communal apartments,” says the lawyer. - There are standards and formula No. 7, which is used to divide the total consumption between rooms.

True, in order to use the formula, you need to know how many people live in each room.

VOID CONTRACT

Only the contract, according to paragraph 6 of the resolution, is the basis for the provision of public services. It is concluded either in writing or automatically upon connection to the network.

Petroelectrosbyt relies on Article 540 of the Civil Code, which states: an energy supply contract is considered concluded with a citizen from the moment he is actually connected to the network. But for some reason, the company does not mention in court that, according to Article 548 of the same code, this rule is valid only if the law does not provide otherwise.

And "other" is just established. Article 12 of the Housing Code says that "managers" do not have the right to refuse to conclude an agreement with resource workers. And paragraph 7 of the resolution stipulates that a written contract cannot contradict document No. 354.

“It is generally wrong to rely on the Civil Code in this case: the Civil Code is a general structure, but there is also a special Housing Code and related regulations,” explains Roginkin. – No other laws apply to Decree No. 354. And if there is a contradiction, the norms of the resolution apply.

But "Petersburg Supply Company" automatically concludes an agreement with subscribers, according to which it gives itself the right to "calculate fees for consumed electrical energy and issue payment documents for payment."

“Such an agreement is void: it contradicts the current legislation,” notes Vladimir Roginkin. - It was drawn up not only in complete contradiction to the norms of the Housing Code, but also to the law "On Protection of Consumer Rights."

To eliminate the last doubts, turn off the light and seal the meters "Petroelektrosbyt" and his "mother" also, according to the lawyer, do not have the right: this is the right and duty of the management company.

- In a good way, "Petersburg Sales Company" should refuse the agent and be included in the general receipt, - summed up the lawyer. - That is, to shift the authority to the management companies: to transfer to them all the meters, all the documentation and all the calculations for the last three to four months.

CARL WITH CLARA...

And everything would be fine, but one resource worker spoils the life of the rest.

“There is individual consumption, and there are general house needs,” explained the specialists of the All-Russian Central Committee for the Counseling of the Commonwealth. – When a supplier comes to an apartment building directly to the owner, he destroys the ability of management companies to see the entire consumption of the building. It removes information about individual consumption - and management companies cannot correctly calculate the fee.

Wayward "electrician" indirectly produces debtors. After all, the "managers" are deprived of the most effective tool to combat them.

- The management organization, by law, may, after a warning, impose restrictions on the provision of public services, - they say at the enterprise. - Cold water and heating can not be turned off for debts. But you can limit the sewerage, shut off the hot water. But the simplest and most effective is to limit the supply of electricity. If the managers had such an opportunity, then the debtor would pay not only for the light, but also for all other services.

Harmful "arbitrariness" and the consumers themselves.

“When there is a general receipt, the citizen receives a guarantee that the calculations were made correctly,” they explain at the enterprise. – And when paying directly, the supplier remains without control.

"THIS IS OUR ALL"

In one of the St. Petersburg State Unitary Enterprises of the housing and communal services sector, Komsomolskaya Pravda was told that individual payments for electricity seriously hit the pocket of an ordinary consumer.

- If everyone creates their own "Petroelectrosbyt" and switches to separate receipts, then he will lay in the tariff fifteen percent for the maintenance of this "layer": This is allowed by law, - says the interlocutor of Komsomolskaya Pravda. - But with a single receipt, only 2.7 percent are included in the tariff on average.

Given that a one-room apartment with a gas stove and one tenant pays about six hundred rubles a month for electricity, she "overpays" almost nine hundred rubles a year for an agent. Petersburg has two million household subscribers. And this is almost 1.8 billion rubles a year. And this is if we imagine that all the apartments in the city are one-room and with gas stoves.

In many regions, individual receipts proved to be ineffective: they collected no more than 96 percent of payments.

“But in our country, only in three cities, management companies issue bills for electricity,” the interlocutor notes. - That is, three cities charge electricity fees according to the law.

Immediately, two interlocutors of Komsomolskaya Pravda answered that the freedom of the Petersburg Sales Company arose for a reason.

“The court supports them,” notes one specialist. - Why? Given the installation: resource workers are our everything, and if they file a lawsuit against someone, then they are right.

“It will continue like this,” the second specialist believes. - For now, there will be a rich company in the city with a good political lobby at the country level.

INSTEAD OF AFTERWORD

Komsomolskaya Pravda asked Petroelektrosbyt a specific question: on the basis of which particular points of the law does the company make payments and collect fees? The company said it is based on paragraph 17 of resolution No. 354. We present it in full below:

“A resource supplying organization, for which, in accordance with the legislation of the Russian Federation on water supply, sewerage, electricity supply, heat supply, gas supply, the conclusion of an agreement with the consumer is mandatory, proceeds to provide a utility service of the appropriate type:

a) owners and users of premises in an apartment building in which direct control is chosen as the method of management - from the date indicated in the decision of the general meeting of owners of premises on the choice of such a method of management, until the date when the provision of public services by the managing organization or partnership or cooperative begins, specified in paragraph 14 or 15 of these Rules;

b) owners and users of premises in an apartment building in which a management method has not been selected or a management method has been selected, but the events specified in paragraphs 14 and 15 of these Rules have not occurred - from the date of the emergence of ownership of the premises, from the date the residential premises are provided with housing by a cooperative, from the date of conclusion of a lease agreement, from the date of conclusion of a lease agreement, unless another period is established by the legislation of the Russian Federation on water supply, sanitation, electricity supply, heat supply, gas supply, or from the date of termination of the previously chosen method of managing an apartment building until the day the manager begins providing utility services organization or partnership or cooperative, specified in paragraph 14 or 15 of these Rules;

c) owners and users of residential buildings (households) - from the date of the first actual connection of a residential building (household) in the prescribed manner to a centralized engineering and technical support network directly or through engineering and technical support networks connecting several residential buildings (households) located on nearby land plots, unless another period is established by the legislation of the Russian Federation on water supply, sanitation, electricity supply, heat supply, gas supply, except for the period of time during which between the owner of a residential building (household) and the organization specified in subparagraph "b" of paragraph 10 of these of the Rules, an agreement on the provision of public services has been concluded and is being executed in writing and such an agreement has not been terminated.

We also received the following letter(spelling and punctuation preserved):

“At CJSC Petroelectrosbyt, the correspondent was informed that the company, as an agent of JSC PSK, acts strictly within the law. In paragraph 17 of the “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings”, approved by Government Decree No. 354 of 05/06/2011 (“Rules 354”), it is written in black and white that the resource supply organization is not only entitled, but even is obliged to provide public services directly to residents of apartment buildings in some cases. One of these cases is when there is a managing organization, but it does not provide services for the supply of a communal resource to residents. It is this case that is observed in the vast majority of St. Petersburg houses: management companies do not provide residents with a service to supply electricity to apartments.

We emphasize that in this case, the resource supplying organization is obliged to become a utility service provider, conclude contracts and make settlements directly with residents. And on this basis, Petroelectrosbyt concludes energy supply contracts with citizens. To save consumers from unnecessary bureaucratic red tape, the company, using Art. 540 of the Civil Code and clause 7 of "Rules 354", concludes an agreement orally. But at the request of the consumer, he can also sign a written contract,” the company commented.

This provision of the law guarantees citizens an uninterrupted supply of a communal resource and, first of all, is aimed at protecting the interests of consumers. Otherwise, citizens would be forced to wait for the electricity (water, heat, etc.) to be turned on until the management organization is selected or until the selected organization starts providing all services. The LCD of the Russian Federation does not provide for how a resource supplying organization should act when the management company does not provide a service for the supply of one of the resources. "Rules No. 354" supplements the LCD and does not contradict it.

It should be noted that in the Leningrad Region, management companies collect fees for electricity consumed for general house needs from residents, and in some cases they do not transfer the funds collected from residents to the electricity supplier, PSK JSC. A fraudulent scheme is operating in many districts of the Leningrad Region: a temporary management company is created that collects money from residents, then this company goes bankrupt and disappears in an unknown direction along with the money collected from consumers. The current direct settlement procedure in St. Petersburg allows St. Petersburg residents to be sure that their money paid for electricity has been received for its intended purpose - directly to the service provider.

Moreover, direct payments are most often the decision of the residents themselves, represented by the HOA or the managing organization.

It should also be noted that not only electricity is paid on a separate receipt: in most houses gas is also paid separately, in some houses heating and hot water. This is an absolutely legal and efficient way of working.”

Attention question: What do you think?

Komsomolskaya Pravda continues to monitor developments.

Residents of St. Petersburg are dissatisfied with the new rules for paying for electricity introduced by Petroelectrosbyt. Petersburgers are charged amounts that seem to the townspeople taken “out of thin air”. Power engineers claim that it is only necessary to get used to the new system and punctually pay for electricity once a month.

New order of payment in St. Petersburg. Complaints

The newspaper "Vecherny Petersburg" writes that after the entry into force of the new rules for paying for electricity, the townspeople do not get tired of complaining. The newspaper cites several letters from city residents.

“The invoice of CJSC Petroelectro-sales for August was paid, according to the meter readings, the spent 25 kW were paid. The received new invoice form is more than 2 times higher than the actual energy consumed, it says 52 kW. 1 person is registered in the apartment. It is not possible to find out information in the reference service of Petroelectrosbyt on tel. 303-96-96 (the line is overloaded).

“We have received a new form-invoice for payment of electricity issued by CJSC Petroelectrosbyt for August 2012 in the amount of 826 rubles (calculated according to the consumption standards established by the St. Petersburg Tariff Committee). Previously, electricity was paid according to the readings of an individual meter. Last month, no one lived in the apartment, although 2 people are registered. The contact number 303-96-96 cannot be reached (the line is overloaded)."

“I do not agree with the new procedure for paying the electricity bill. Receipts for consumed electricity come by mail after the 20th day of each month. CJSC "Petroelectro-sales" requires to pay the bill by the end of the current month. Taking into account that such a short period of time is set for payment, large queues accumulate in the payment acceptance centers of ZAO Petroelektrosbyt, which creates certain inconveniences for citizens. Is there anything we can do to change the due dates for paying bills (previously it was 40 days)?”

New procedure for paying for electricity. Why did it happen?

Why is this happening? From the explanations of Petroelectrosbyt, it follows that the recalculation, in accordance with the rules, will be carried out automatically after the consumer enters information about the meter reading in special fields located on the new invoice form. However, letters from indignant townspeople keep coming and going.

Since July, about 200,000 citizens randomly selected by Petroelectrosbyt have received new electricity bills. According to Petroelektrosbyt Development Director Yevgeny Novoselok, while the new payment system is being tested, it is therefore quite difficult to transfer all 1.5 million subscribers to new accounts overnight: this will happen gradually, over several months.

New procedure for payment of electricity. The system is just being tested

The new system was implemented, according to Petroelectrosbyt, in accordance with the Russian government decree No. 354 on the provision of public services, adopted last year.

One of the paragraphs of this resolution states that "payment for utilities is paid on the basis of payment documents submitted to consumers by the contractor no later than the 1st day of the month following the expired billing period." Therefore, "Petroelectrosbyt" began the transition to paying for electricity by bills, which the townspeople will receive by mail.

At the same time, the organization already had some experience of such settlements with the population. Some residents of the Vasileostrovsky and Primorsky districts have long been receiving electricity bills by mail. Several tens of thousands of apartments are connected to the information and measuring system for commercial electricity metering (AIISKUE), which allows power engineers to monitor the consumption of kilowatt-hours in homes from a distance. Citizens receive monthly receipts, where the used kilowatts have already been affixed, multiplied by the corresponding tariffs, so there is no need to take meter readings, they now serve only to control the correctness of filling in the receipts by employees of the sales organization.

At the moment, "Petroelectrosbyt" has begun preparations for transferring the entire city to a similar settlement system, although in some areas the AIISKUE system will not be introduced soon.

New electricity payment system - normal bills will start coming in three months

Evgeny Novoselok believes that there is nothing complicated in the payment system developed by Petroelektrosbyt. The first invoice received by the subscriber by mail is calculated based on the electricity consumption standard. On its back there is a special column in which the consumer enters the readings of his meter. The second bill comes already taking into account the meter readings recorded by the subscriber in a special column of the first bill. And so on.

At the same time, as Petroelectrosbyt explains, the amount billed in the first invoice, calculated according to the standard, will be adjusted when issuing the second payment based on actual consumption. In the event that the subscriber has consumed an amount of electricity that exceeds the standard, and recorded this in the form of instrument readings on the back of the bill, then the amount of payment will naturally increase.

If the amount of electricity consumed is less than the standard, then, accordingly, the amount of payment will decrease. Starting from the third bill, subscribers will pay for the actually consumed electricity.

New payment system for electricity: you have to pay every month

But on one condition: it is necessary to make payment exactly at the set time. Whoever does not have time to pay the bill on time, that is, does not notify the company about the readings of his meter in a timely manner, will again receive a calculation according to the standard next month. And everything will start over.

The new system was introduced mainly because many consumers did not consider it necessary to pay monthly, but paid, say, once every three months, that is, with a large delay. Now, in order not to overpay, you need to become disciplined.

Long-term absence from the place of residence (business trip, vacation, etc.) is not a reason for non-payment of electricity. In such cases, you can use remote payment methods. In addition, in accordance with the law, subscribers have the opportunity to make an advance payment for electricity on account of future months, this will avoid the formation of debts.

It is also recommended that consumers report monthly meter readings (even in the absence of electricity consumption). This will eliminate the need to calculate payment for electricity by calculation methods and will not lead to debt.

Detailed calculation can be obtained at any or JSC "Petroelectrosbyt". Also, information can be clarified by calling the Contact Center 679-22-22 (Mon-Sat from 8:00 to 20:30).

An application to search for a payment, if it did not appear in the "Personal Account", should be submitted no earlier than 5 working days after the payment was made. Information about payments made through third-party banks becomes available in the "Personal Account" within a few days.

Reference information on payments can be obtained at one of the Petroelectrosbyt JSCs, or by calling the Contact Center 679-22-22 (Mon-Sat from 8:00 to 20:30).

If the payment is made through JSC "Petroelectrosbyt"(in, a payment terminal or on the company's website), then in order to search for a payment, you must provide a copy of the payment document (receipt) issued as a result of making a payment, or indicate the following information:

Subscriber number and address of the power supply facility;

The exact amount of the payment;

Number or address of the payment acceptance center (payment terminal) of Petroelectrosbyt JSC, where the payment was made;

The number of the cash register or window of the cashier-controller (number of the payment terminal) where the payment was made.

JSC "Petroelectrosbyt" may also attempt to search for a payment in case of providing copies of payment documents or the above information about other payments made simultaneously with the searched payment.

If the payment is made through a banto, then you need to contact the bank and request documents confirming the transfer of funds (for example, an account statement, a copy of a payment order, etc.).

If the funds were transferred by the bank to JSC "Petroelectrosbyt", then in order to search for the payment, you should request from the bank a copy of the relevant payment order (not a check confirming payment), or a letter from the bank, which indicates the data on the transfer of funds to JSC "Petroelectrosbyt » (number and date of the payment order, name of the beneficiary's bank, name and number of the beneficiary's current account, transferred amount).

To search for a payment for the services of third-party organizations made at Petroelectrosbyt JSC or through organizations, you must provide a copy of the payment document (receipt) issued as a result of the payment, or indicate the following information:

Name of the organization receiving the payment;

The exact amount of the payment;

The exact date of the payment;

Number or address of the payment acceptance center of Petroelectrosbyt JSC, where the payment was made;

The number of the cash register or the number of the window of the cashier-controller where the payment was made.

JSC "Petroelectrosbyt" may also attempt to search for a payment in case of providing copies of payment documents or the above information about other payments made simultaneously with the searched payment.