On October 23, 2015, the State Duma adopted in the second reading a bill amending the legislative acts of the Russian Federation in order to strengthen the payment discipline of all categories of consumers utilities.

Penalties will be charged for late payments

Initially, deputies proposed introducing fines and penalties for late payments only for electricity, but according to the latest estimates, it turned out that the total debt of all categories of consumers for utility resources in Russia as of October 1, 2015 amounted to 850 billion rubles.

Of these, broken down by individual energy resources, the debt amounted to:

• for electricity - 183.5 billion rubles;
• for gas - 163.2 billion rubles;
• for thermal energy in front of the thermal power plant - 147.6 billion rubles;
• for water and sanitation services - 110 billion rubles.

It should be noted that during the preparation of the bill for the second reading, deputies made significant adjustments to soften the mechanism for collecting penalties and fines, but only for citizens, homeowners' associations and housing cooperatives. Management companies“beneficiaries” were not included in this category. For them, on the contrary, the punishment for non-payment or late payment for supplied utility resources has been tightened.

If for citizens, homeowners' associations and housing cooperatives, penalties are not charged for non-payment of housing and communal services in the first month of delay, then for management companies from the 1st to the 60th day of delay, penalties are set at 1/300 of the refinancing rate of the Central Bank of the Russian Federation. Whereas for the population, homeowners' associations and housing cooperatives, this amount of penalties is accrued only from the 31st to the 90th day of debt. And for management companies, already from the third month of debt (from 61 days of delay), penalties are increased to 1/170 of the refinancing rate of the Central Bank of the Russian Federation.

Another proposal of the deputies was the fact that the Federal Law comes into force not from the date of its official publication, but from January 1, 2016. Thus, management companies, homeowners' associations, housing cooperatives, citizens and other organizations consuming energy resources There is still time to get your payments in order and pay off all old debts. Otherwise, from January 1, 2016, all defaulters will be subject to the new provisions of the law.

Responsibility

So, for late payment or non-payment of bills for utility resources the amount of penalties (penalties) in shares of the refinancing rate of the Central Bank of the Russian Federation for the day of delay will be for:

Homeowners' associations, housing cooperatives, citizens:

• From 1 to 30 days - 0
• From 31 to 90 days - 1/300
• From 91 days onwards - 1/130

Management companies, heat and water supply organizations:

• From 1 to 60 days - 1/300
• From 61 to 90 days - 1/170
• From 91 days onwards - 1/130

All other organizations consuming energy resources:

• From 1 day onwards - 1/130

Voice of the law

Based on contracts for the supply of energy resources and contracts for the provision of services for their transportation, consumers are obliged to pay for the supply of utility resources and services provided. Summarizing the responsibility for non-payment for all utility resources by their consumers and based on Federal Law No. 307 of November 3, 2015, we can highlight the following:

“In case of untimely and (or) incomplete payment for energy resources and services for their transportation, the consumer is obliged to pay the supplier a penalty in the amount of 1/130 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day of delay starting from the next days after the due date for payment until the day of actual payment.”

“HOA, housing cooperatives and other specialized consumer cooperatives created to meet the needs of citizens for housing, purchasing energy resources for the purpose of providing utilities, in case of late and (or) incomplete payment for gas, they pay the supplier a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day of delay starting from the 31st day following the day of the established payment deadline, to the day of actual payment made within 90 calendar days from the date of the established payment period, or until the expiration of 90 calendar days after the date of the established payment period, if payment is not made within the ninety-day period. Starting from the 91st day following the day of the established payment deadline until the day of actual payment, penalties are paid in the amount of 1/130 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day of delay.”

“Management companies purchasing energy resources for the purpose of providing utility services, heat supply organizations, in case of late and (or) incomplete payment for utility resources, pay the supplier a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day of delay starting from the day following the day of the established payment due date until the day of actual payment made within sixty calendar days from the date of the established payment due date, or until the expiration of 60 calendar days after the date of the established payment due date, if within sixty days due date payment has not been made.

Starting from the 61st day following the day of the established payment due date, until the day of actual payment made within 90 calendar days from the date of the established payment due date, or until the expiration of 90 calendar days after the date of the established payment due date, if payment is not made within the ninety-day period made, penalties are paid in the amount of 1/170 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day of delay.

Starting from the 91st day following the day of the established payment deadline until the day of actual payment, penalties are paid in the amount of 1/130 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day of delay.”

“Owners and other legal owners of premises in apartment buildings, in case of late and (or) incomplete payment for energy resources consumed when receiving utilities, pay penalties in the amount and manner established by housing legislation.”

“If consumers of energy resources do not comply with the terms of supply contracts and the provision of services for their transportation, suppliers have the right to reduce or stop supplying utility resources in the manner established by the Government of the Russian Federation.”

Instead of a conclusion

From the above, it is clear that starting from the new year 2016, the authorities will further tighten control and responsibility for defaulters of utility services, from the accrual of penalties and fines to the suspension and limitation of the supply of energy resources.

What does this mean specifically for management companies? First of all, if the management company accumulates large debts to resource supply organizations and does not pay them on time, then according to the changes in housing legislation that have entered into force (Federal Law No. 176 of June 29, 2015), this can be regarded as non-compliance with licensing requirements . And this, in turn, can lead to disqualification of the manager Criminal Code or license revocation.

To prevent such a scenario, it is necessary to pay bills on time for all consumed utility resources.

Penalty

According to the Housing Code of the Russian Federation, payments for residential premises and utilities must be paid monthly by the 10th day of the month - for the previous one (unless a different period is established by the apartment building management agreement). From the 11th day of the new month, penalties are applied - penalties.

General rules:

Penalties are accrued only for arrears of payment for housing and utilities. There are no penalties for additional services (“antenna”, “intercom”). Also, no new penalties are accrued on the amount of penalties.

If payment is made on time, but partially, penalties will be charged on the remaining amount of the debt. First of all, funds are received to pay for housing and utilities. The remaining funds go towards paying penalties.

Penalties are accrued on the amount of unpaid debt for the entire period of its existence. The outstanding amount of penalties is added to the amount of penalties on the receipt for the next month.

Until January 1, 2016, residents who paid for housing and utilities late or incompletely were required to pay penalties in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation in effect at the time of payment.

If the refinancing rate changed, the amount of penalties also changed.

Thus, in the period from September 14, 2012 to December 31, 2015, the refinancing rate established by the Central Bank of the Russian Federation was 8.25%.

Example: according to the receipt for January 2015, you need to pay 3581.29 rubles.

On 02/08/2015, an amount of 3,100 rubles was deposited.

Thus, a debt in the amount of 481.29 rubles has arisen on the Subscriber’s personal account. (RUB 3,581.29 - RUB 3,100.00) for the period from 02/11/2015 to 02/21/2015 (the date the receipt for February was generated).

Penalties were accrued as follows: RUB 481.29. (amount of debt) x 11 days (number of days of overdue debt, i.e. from 02/11/2015 to 02/21/2015) x 0.00028 = 1.48 rubles.

Federal Law No. 307-FZ* dated November 3, 2015 (hereinafter referred to as Federal Law No. 307) amended the article of the Housing Code regulating the procedure for calculating the amount of penalties. These changes came into force on 01/01/2016.

Now, in case of violation of the deadline for payment for residential premises and utilities or payment is not made in full, penalties are accrued in the following amounts:

From 1 to 30 days - not credited.

From 31 days to 90 days of delay in the amount of 1/300 of the refinancing rate;

From the 91st day, the debtor is charged an increased amount of penalties - 1/130 of the refinancing rate.

Examples:

Major renovation

The Housing Code of the Russian Federation defines a separate procedure for calculating penalties for contributions for major repairs. By analogy with utilities, penalties are accrued not from the first day of non-payment or incomplete payment of charges for major repairs, but from the thirty-first day.

In accordance with the instructions of the Bank of Russia**, from January 1, 2016, the value of the refinancing rate is equal to the value of the Bank of Russia key rate determined on the corresponding date.

Accrual of penalties in accordance with Part 14, Part 14.1 of Art. 155 of the Housing Code of the Russian Federation is carried out based on the size of the key rate of the Bank of Russia, which currently amounts to 7.75%.

* Federal Law of November 3, 2015 No. 307-FZ “On Amendments
into certain legislative acts of the Russian Federation in connection with strengthening the payment discipline of consumers of energy resources.”

Every citizen of the Russian Federation is required by law to pay for utility services provided to him on time. If for some reason he does not do this, then the process of calculating penalties for non-payment or late payments begins. To regulate this process, a corresponding law was adopted in October 2015.

Now, from January 1, 2016, utility services have the right to apply the following penalties for non-payment or late payments:

• accrual of penalties;
• filing a lawsuit to collect debt;
• limit or suspend the provision of its services if non-payment is more than three months.

When collecting debts, the debtor is first sent a notice indicating the amount of the debt and an offer to pay it voluntarily before a certain date. Typically, such a notice is sent in the form of a registered letter, which is handed to the debtor against receipt.

When collecting a fine in court, an important role is played by the agreement concluded between the owner of the property and the management company or housing office. It is the contract that is the basis for collecting a penalty. If such an agreement has not been concluded, then the plaintiff has the right to be guided by the norms specified in Article 395 of the Russian Civil Code. This law states that the amount of the fine will be determined depending on the established refinancing rate.

The generally accepted rule is that utility bills must be paid every month no later than the tenth day. If services are provided under an agreement, then it usually indicates by what date it is recommended to make payments. In case of untimely or incomplete payment for services provided, the Russian legislative framework provides for the accrual of a penalty, the so-called penalty. These provisions are clearly stated in the Housing Code.

The law states that for late payment for services provided, the homeowner will have to pay a fine. The amount of the penalty is established by the relevant law and amounts to a certain refinancing rate of the Russian Central Bank for the entire period of non-payment of the debt.

The process of calculating fines (penalties) begins after the end of the established payment period, immediately the next day. Penalties will accrue until the entire debt is repaid.

The Rules for the Provision of Utility Services stipulate that if the owner of housing in an apartment building cannot repay the entire debt for valid reasons, then it is necessary to contact the appropriate services to conclude an installment payment agreement. A valid reason is dismissal from work, loss of a breadwinner, etc. To avoid the accrual of penalties, it is recommended to immediately contact the Housing Office with such a problem.

The procedure for calculating penalties from January 2016

For citizens of housing cooperatives and homeowners' associations, since 2016, the law indicates that penalties will be calculated according to the following scheme:

• no penalty is charged during the first month;
• if there is a delay of two to three months, penalties are calculated at 1/300 of the refinancing rate of the Russian central bank;
• the new law also states that after three months, the amount of the penalty will increase to 1/130 of the refinancing rate for each overdue day;
• the law allows for service disconnection or legal action if the homeowner continues to ignore payment.

The law provides for the following fines for company managers and enterprises:

• if the overdue period is 3–4 months, then the refinancing rate will be 1/170;
• if the period of delay is more than 91 days, the daily rate will be 1/130.

Amounts of fines provided for by legislative acts

The law also provides for increased administrative liability if the homeowner unauthorizedly connects to electrical and heating networks, gas pipelines or water supplies. Thus the amount of the fine is:

• for individuals – from 3000–4000 to 10000–15000 rubles;
• for persons holding managerial positions - from 6,000–8,000 to 30,000–80,000 rubles;
• for legal entities – from 60,000–80,000 to 100,000–200,000 rubles;

The law also provides for fines if a consumer violates the restrictions established for electricity consumption. Thus, the fines are as follows:

• for legal entities – 100,000–20,000 rubles;
• for persons holding managerial positions – 10,000–100,000 rubles.

Debt collection through courts

The debt collection process itself is not regulated at the legislative level. That is why it often happens that when collecting debts from debtors, the Housing Office has to go to court. Law
permits such actions. This option for dealing with debtors is very effective today.

Debt collection issues are resolved in court in two ways:

• the method by which the court order is issued;
• the method by which judges consider a claim.

The method by which an application for a court order is submitted is simpler and takes relatively little time. The entire procedure takes three weeks. After this time, the bailiff of the executor has the right to begin collecting the debt. A big advantage for the state when collecting debts in this way is that the debtor will be required to pay a state fee of 50%.

This method is not always available and has significant disadvantages, namely:

• there are a number of essential requirements for documentation;
• presence of controversial situations;
• the possibility of the debtor filing an objection against the execution of the order. In this situation, the judge will usually overturn the order. If this happens, then you can only file a claim in the future.

When collecting debts, filing a claim is a more suitable option. In this case, the plaintiff must prove that:

• the debtor is obliged to bear such expenses. To do this, documents are presented confirming that the premises belong to the defendant;
• the debtor has a certain amount of debt. To do this, it is enough to present a bank statement about the payments made. It is also necessary to provide the volumes that were spent by the debtor, certified by regulatory authorities, and indicate the tariffs established at the legislative level;
• the plaintiff has the legal right to demand performance of obligations from the defendant. To do this, you can provide minutes on the selection of the management company, as well as other documents approved at the general meeting.

To avoid unnecessary problems and hassle, it is recommended to pay on time for the provided housing and communal services. It is also advisable to prevent late payments and the formation of debt. If this happens, then it is necessary to begin the debt repayment procedure as soon as possible. In this case, the accrual of penalties can be avoided.

Debts for housing and communal services, like any other types of debts, are considered by civil law as retention of funds, for which interest is charged (so-called “penalties”).
Since a legal entity is a party to the supply of housing and communal services, the procedure for calculating the specified interest must be established directly in the agreement for the supply of services. Therefore, you must carefully read this agreement.

What is a penalty, the law on calculating penalties for utilities

The concept of a penalty is established by civil law. And the general provisions, grounds and procedure for collection, calculation of penalties for housing and communal services are also determined by the Civil Code.

• establishes the possibility of accruing interest on obligations that have direct monetary value;
• a type of security for the fulfillment of contractual obligations is established, such as a penalty;
• In addition, a type of security such as a penalty is established.

The only difference between a penalty and a penalty is that the first can only be determined in the manner of contractual relations, that is, it must be indicated directly in the agreement. And the penalty, in turn, is directly determined by law, so a special agreement on the accrual of penalties is not required.

The majority of even professional lawyers believe that in case of debt for housing and communal services, it is the penalty that is charged, since such a provision is provided directly in the law. So, point 1. and paragraph 14. Article 155 of the Housing Code of the Russian Federation determines the mandatory accrual of penalties for the provision of housing and communal services to residents.

However, do not forget that this rule applies only in the absence of an indication in the contract. Since the law gives priority to the contractual regulation of economic relations, the legal penalty is left to the discretion of the creditor himself, and in this case, to the housing and communal services service provider.

In addition, it is allowed to demand only one of the specified interest charges on debts. That is, the creditor, in this case the utility companies, does not have the right to demand a legal penalty defined by the Housing Code when a penalty is charged according to the terms of the contract.

Procedure and rules for calculating penalties, terms and amounts

A penalty for non-payment is accrued for late fulfillment of a monetary obligation and represents a percentage for late payment accrued for each day of delay. The law, as already mentioned, allows for independent determination of the amount of the penalty for the day of delay.

However, it cannot be higher than the maximum limits determined by law.

Amount of penalty for late payment of electricity and rent

Thus, today there are rules according to which the amount of penalties depends on the period of delay:

• if the delay in utility payments is less than 90 days, then the amount of the penalty will be equal to or less (depending on the terms of the agreement) 1/300 of the Central Bank refinancing rate on the day the delay was discovered;
• if the delay is more than 90 days, then the amount of the penalty will be equal to or less than 1/130 of the specified Central Bank rate. (Relevant from January 1, 2016 to the current year 2019.)

The law also has a rule according to which the total amount of interest accrued as a penalty cannot exceed 50% of the total debt.

So, for example, if the debt for housing and communal services is 15 thousand rubles, then the total amount of accruals on this debt cannot be more than 7.5 thousand. But the problem is that even if a delay is detected, residents continue to use housing and communal services, which causes new debts, an increase in their size, and, accordingly, an increase in the amount of penalties. Therefore, if you do not follow the payment rules, utility bills in some cases turn out to be huge.

From what date is it calculated?

As a general rule, penalties for housing and communal services begin to accrue from the next day after the day determined as the moment of mutual settlement. Such a date is established in the contract or by the regulations of the utility service in a certain area. So, for example, if the 1st day of the month is defined as such, then the penalty begins to accrue from the second day of the specified month.

Some regions provide a notification procedure for paying for housing and communal services. So, the penalty in this order begins to accrue from the next day, after the debtor receives a special bill for housing and communal services. In any case, the notification procedure must comply with the requirements of the law.

In addition, much depends on the presence of any intermediary organization such as a Management Company or HOA. In this case, the procedure for calculating penalties is determined either by an agreement or by the charter of the organization.

Do I need to pay penalties for utilities?

Of course, penalties must be paid. The legislation does not establish the obligation of the creditor in any way to prove the validity of the penalty if its amount does not exceed the maximum values ​​​​established by law. So even going to court is unlikely to ease the burden of payment.

What happens if you don't pay penalties?

Failure to pay penalties leads to the formation of even greater debt. For such debts, utility providers can easily disconnect the subscriber from the supply lines of electricity, gas, etc. In addition, when the subscriber voluntarily fails to pay debts through notification, the supplier has the right to go to court and seek forced collection of debts.

The supplier itself cannot apply any sanctions. However, the bailiff service can bring persons who do not voluntarily execute court decisions to administrative liability, which is expressed in fines, administrative arrests, etc. In rare cases, they are even brought to criminal liability.

How to pay penalties for utilities

Penalties for housing and communal services are paid in the same way as settlements with the supplier are made. Thus, each subscriber is assigned an individual account according to the residential address.

Today you can pay debts and penalties using the following payment methods:

• through post offices;
• through the bank upon notification;
• through payment terminals and Internet banking.

The amounts of penalties and debts for consumed housing and communal services products are not accrued separately. For example, if a subscriber owes 1.5 thousand rubles for consumption and a penalty of 300 rubles, then he needs to pay 1,800 rubles on the same subscriber account.

How to write off and cancel penalties

The penalty is the prerogative of the creditor and is assigned or canceled at his discretion. Typically, suppliers do not cancel penalties, but taking into account the financial condition of the debtor, they can make such a decision and also provide payment in installments.

A penalty is written off in cases where it was accrued incorrectly or was accrued to a subscriber who no longer lives at the specified address.

In both cases, you must act quickly and contact the local office of the supplier with an application, an agreement on the provision of housing and communal services, and a passport. Usually a decision is made within a week. The answer can be challenged in court.

Where to find a calculator

The calculator for calculating the exchange of penalties for housing and communal services is a convenient tool that calculates its size in rubles. There are a lot of such calculators on the Internet. Here is one of them:

Still have questions? Write them in the comments!