Law on payment of utility bills directly to the supplier. Direct payments for heat energy. Switch to a direct contract due to the debts of the Criminal Code

Management companies tirelessly divide houses among themselves, bringing to the State Housing Inspectorate every week new votes of residents. People whose house is on the battlefield receive double or even triple utility bills. As a result, the question arises: who should be paid so that the money reaches the resource workers who supply heat, water and electricity? Indeed, in the event of a two-month delay in payments, they can simply turn off utilities.

There is another situation when residents do not particularly trust their management company and suspect that the money does not go to suppliers, but goes to some other needs. A striking example is the story of REMP UZHSK of the Chkalovsky District, which for a year collected money from its residents, but did not transfer it to resource-supplying organizations. As a result, the debt has accumulated over 600 million rubles, and this management company is now going bankrupt. And there are many such stories.

We have already talked about. One of the surest ways, which we promised to tell you about in more detail, is direct contracts with resource specialists. The idea of ​​switching to direct payments is to bypass management companies and pay directly to the supplier of resources, eliminating the possibility of scrolling or misuse of funds. Such calculations, according to experts, are more efficient, as they are very transparent. The experience of other cities shows that the collection of utility bills from residents is more than 98%.

How to go

There are several options for switching to direct payments to suppliers. First way: the owners of the premises decide at the general meeting of tenants to pay for utilities directly to the suppliers. For a meeting to be considered legal, you must do the following:

• At least 10 days before the meeting, notify all tenants about it. This may be a registered letter, a personal notice (on receipt) or an announcement in a conspicuous place in the entrance. The notice should indicate the agenda, information about the initiator of the meeting, the date, place and time of the meeting. It is important to note that at the meeting it is impossible to make decisions on issues not included in the agenda. Otherwise, the decision of the general meeting may be challenged in judicial order.
• At the beginning of the meeting, a chairman, secretary and counting commission are elected. Then the items on the agenda are considered. For all decisions made at the meeting to be considered legal, it must be attended by more than 50% of the total number of owners of premises in an apartment building. For one vote, 1 m 2 of living space is accepted. That is, the more apartment you have, the more votes you have. The presence of the owners at the meeting is confirmed by a registration sheet of participants indicating the last name, first name, patronymic, address, details of the certificate of ownership of the premises, and the signature of the owner. If the meeting is attended by a representative of the owner, then a power of attorney must be attached.
• If 50% of the votes are not received, an absentee meeting can be held. It is enough for a member of the initiative group to spend one or two evenings and go around all the neighbors: personally inform them about the meeting, tell them about the agenda and pick up the signed forms. Voting form templates can be downloaded
• After the quorum is assembled, it is necessary to register all decisions of the general meeting with documents and hang them again in the entrance so that everyone can familiarize themselves. This must be done within 10 days.

After the general meeting, you need to inform the Criminal Code about this, because it remains the responsibility to draw up payments. By law, the management company is obliged, within five working days from the date of the decision, to submit to the supplier the following documents:

• minutes of the general meeting of owners of premises in an apartment building on the transition to direct payments;
• documents containing information on the size of the area of ​​each residential and non-residential premises in the house, the number of apartments, rooms in each of them and the number of residents.

In fact, everything is not so difficult, but there is one thing. An unscrupulous management company may not fulfill its part of the obligations and ignore the decisions made. Then you will have to apply to the court and the prosecutor's office, provide them with notices of the meeting, forms of decisions of the owners, as well as documents stating that at the time of voting the voter was the owner of the premises.

Second option- perhaps the easiest one is to switch to the so-called direct control of the house or create a TSN (or in the old way, an HOA). In this option, you just need to fight off the annoying UK, which is unlikely to want to let you go free swimming. As soon as you succeed, you need to hold a meeting of tenants. Further, the scheme is the same as in the first case, only the documents to the suppliers are no longer carried by the Criminal Code, but by the elected chairman, to whom numerous powers of attorney will be issued for legal interaction with resource workers and other organizations. In fact, it will be a "man-orchestra", which will be entrusted with the functions of the entire Criminal Code.

Third option possible if the supplier terminated the contract with the management company, which did not pay the bills for three months. Then the owners can choose a new management company, switch to direct management of the house or create an HOA. What to do next is clear from the previous paragraphs.

What will we get

Suppose the tenants have entered into a direct contract for electricity supply. The house is still serviced by the UK, which is responsible for issuing receipts, but in the payment documents in the column "settlement account" the data of the electricity supplier are indicated. That is, the money for apartment consumption of electricity goes to his account directly, bypassing the Criminal Code. And in the general receipt, when switching to direct payments, the column “heating and hot water supply” will have a “0” or a dash.

But direct payments to suppliers can only be made for utilities consumed in a residential area. As for the payment for common household needs, the law instructs the population to send these funds to the address of the Criminal Code in any case.

An obvious plus - the amount of electricity that goes beyond the established consumption standard, the management company pays from own funds. According to legislators, this measure should encourage them to introduce energy-saving technologies in their service area.

Minuses

The transition to direct payments has several negative consequences. Perhaps the most important of them is that it will be very difficult to recalculate, for example, for hot water that flows cold. Since the management company, which was previously responsible for the services, did not good quality, doesn't do that anymore.

Those who have not yet installed meters will also suffer significantly. For every kind utilities for recalculation, citizens will have to contact different companies, and not in one UK.

To conclude a contract directly, it is necessary to hold a general meeting of homeowners

The long-awaited law on direct contracts with resource-supplying organizations in 2018 was adopted by the State Duma in the third reading on March 23. The document has already been signed by the President of the Russian Federation Vladimir Putin and will enter into force after the official publication ( the federal law dated 03.04.2018 N 59-FZ). The very idea of ​​concluding direct contracts with RNOs and excluding intermediaries from the settlement scheme, which are most often Management Companies, is not new, it has been discussed at the state level for several years, and is already being actively used in some regions.

In Russia, an acute problem in the provision of housing and communal services remains a huge debt to resource providers. Despite the fact that many owners pay for the provided utilities regularly, the debt of management companies to resource supply organizations in 2018 is more than a trillion rubles. This is not only a problem of the regions, Moscow and St. Petersburg are also among the debtors. In addition, in the Moscow region over the past few years, there have been several major scandals involving UK companies, when significant funds intended for the North Ossetia and municipal authorities were used by companies not according to intended purpose. And so the law on direct contracts with resource suppliers was adopted by the State Duma. What to expect from the new law, what changes will take place in the housing sector?

What you need to know about the adoption of the new Federal Law?

The Law on Direct Contracts with the North Ossetia of 2018 (Bill No. 207460-7) was signed by the President of Russia Vladimir Putin on April 3 and will come into force after publication in the official printed edition"Rossiyskaya Gazeta".

Main provisions of the law

The system of direct contracts is considered to be more efficient than the one that currently exists in most regions of the Russian Federation. And it is already being successfully applied in practice, and not only in the capital. Direct settlements with resource-supplying organizations were introduced in St. Petersburg in 2018. For several years now, such schemes have been used in the Irkutsk region, the Leningrad region, Barnaul, etc.

In fact, the law on direct contracts with resource providers introduces a new system of relations between homeowners and RNOs. Owners will have the right to conclude contracts directly with resource-supplying organizations, bypassing intermediaries. These intermediaries are now not only management companies, but also owners' associations, housing or consumer cooperatives. Currently, it is these organizations that represent the interests of the owners of residential facilities in paying for consumed electricity, hot and cold water, gas, etc.

Of course, the main task of the law is to establish direct payments for services rendered, and this is done not only because of the dishonesty of some management companies. The law on direct settlements in housing and communal services in 2018 will make it possible to remove from the management companies the functions of collecting and distributing funds that are unusual for them. Moreover, now citizens make demands on the quality of services to the management company, and RSO - on payment for the consumed resources. Meanwhile, Managing companies are responsible only for intra-house networks, and not for the supply of resources, and sometimes they are forced to cover the debts of end users for resources from funds not intended for these purposes.

The new federal law introduces a scheme of direct settlements between consumers and RSOs, which will allow avoiding the formation of new debts of the management companies, and in fact they already threaten bankruptcy of both RSOs and the management companies themselves.

Issues of application of the new law

The advantages of concluding direct contracts are obvious:

• exclusion from intermediary relationships and savings on his services;
• payments for the consumed resources directly with RCO.

At the same time, it is not yet clear how the law on direct settlements in housing and communal services will be applied in practice without a management company as an accumulator of all payments. Thus, experts express doubts about how the owners will protect their rights, having neither the experience of such representation nor access to networks. The responsibility for the maintenance of intra-house networks still lies with the management company, but it is not clear how they will participate in the relationship between the owners and the RSO, without being a party to the contract. An ordinary citizen does not have the resources to determine the source of the problem, and the participants in the housing and communal services system tend to shift responsibility to each other.

How to conclude a direct contract with RSO for payment of utility bills?

The draft law provides for two possibilities for concluding a direct contract with the RSO:

• the owners make an appropriate decision at a general meeting of owners of residential properties in an apartment building;
• The RSO, on its own initiative, terminates the contractual relationship with the management company (if there is a confirmed debt for two months) and automatically concludes an agreement with all tenants to pay for resources directly.

What obligations are provided for in the contract, how direct payments in housing and communal services will be made, last news they say that a standard contract has already been developed by the Ministry of Construction and is given in the draft of the corresponding one.

Thus, in order to conclude a contract directly, it is necessary to hold a general meeting of homeowners, which can be initiated by any owner. To make such a decision, more than two-thirds of the votes of all owners are required, while voting can also be held in absentia. Consent of the RCO is not required, but the legislator has left them the right to develop a scheme of relationships with consumers within three months.

Hello! Please tell me if the owners of residential premises in an apartment building can conclude an agreement for payment for electricity and heating directly with resource supply organizations (so that payment receipts are received by the owner directly from the resource provider, and not from the management company serving this house). thanks in advance for your reply.

Under the current legislation (Housing Code of the Russian Federation, Rules for the provision of public services to citizens, approved by the Government of the Russian Federation dated May 23, 2006 No. 307), owners of residential premises in an apartment building can conclude a resource supply agreement directly with a resource supply organization only if the method of managing an apartment building is direct management of an apartment building house (part 2 of article 164 of the LC RF, clause 7 of Rules No. 307).

If a house is managed by a managing organization on the basis of a management agreement for an apartment building, then it is she who is obliged to conclude resource supply agreements with resource supplying organizations (part 2 of article 162 of the RF Housing Code, subparagraphs “c” of paragraph 49 of Rules No. 307).

If the owners of premises in an apartment building wish to pay utility bills directly to the resource supplying organization, then they can make an appropriate decision at their general meeting (part 7.1 of article 155 of the LC RF). In this case, the payment for utility services to the resource supplying organization is recognized as the fulfillment by the owners of the premises of their obligations to pay utility bills to the managing organization (part 7.1 of article 155 of the LC RF).

The above decision of the general meeting of owners is made by a majority vote of the total number of votes present at the general meeting of owners of premises in an apartment building. To make this decision, an appropriate quorum is required, namely, the owners of the premises must take part in the meeting, having in aggregate more than 50% of the votes of the total number of votes of all the owners of the premises in an apartment building (the number of votes of each owner of the premises is proportional to the area of ​​​​the premises belonging to him) (h 3 article 45, part 1 article 46, part 3 article 48 of the LC RF).

Thus, if your house is managed by a managing organization, then in order to pay a fee directly to the resource supplying organization, it is necessary to make an appropriate decision at the general meeting of owners. After that, you need to notify decision managing and resource-supplying organizations.

However, it is important to note that based on Part 7.1 of Art. 155 of the Housing Code of the Russian Federation, only a payment for the volume of the communal resource that was consumed directly in the residential (non-residential) premises of the owner of the premises in an apartment building can be paid directly to the resource supplying organization.

The payment for the volumes of communal resources consumed when using common property (for example, electricity consumed for the operation of elevators, lighting of entrances in an apartment building, thermal energy for heating common areas) must be paid to the managing organization (part 7.1 of article 155 of the LC RF ).

At the same time, the adoption by the general meeting of owners of a decision on the procedure for paying utility bills directly to the resource supplying organization does not mean that the owners will begin to receive receipts for payment from the resource supplying organization.

The law does not specify the obligation of the resource supplying organization in this case to submit payment documents to the owners.

At the same time, since the law expressly states that the responsibility for the provision of public services of adequate quality continues to lie with the managing organization (part 7.1 of article 155 of the LC RF), then, therefore, the managing organization continues to be the contractor of public services in relation to the owners . Accordingly, the submission of payment documents to the owners for payment of utilities continues to be a function of the managing organization as a performer (clause 37 of Rules No. 307).

Based on the foregoing, we believe that if the owners decide to pay utility bills directly to the resource supplying organization, the utility bills will continue to be issued by the managing organization. At the same time, the receipt will indicate in separate lines the amount of utility bills for general house needs (indicating the bank account of the managing organization) and the amount of utility bills for individual needs (indicating the bank account of the resource supplying organization).

"The meaning of the amendments that have come into force is an attempt by the legislator to try to simplify the procedure for the owners and tenants of residential premises to conclude contracts directly with resource-supplying organizations, if Management Company for some reason, does not properly perform its duties and the quality of its services leaves much to be desired. At the same time, these changes objectively make the process of passing utility payments to the final recipient more transparent, exclude the intermediary - the management company from the chain of relations between consumers (owners and tenants of residential premises) and resource-supplying organizations.

"Direct contracts are some kind of attempt to introduce the institution of personal responsibility of consumers and resource providers to each other in the housing and communal services sector.

As a group of management companies, of course, we are in favor of switching to direct contracts and direct payments. This will save us from unnecessary intermediation in the control of consumer money that transits through our accounts to the accounts of resource providers. For us, this is an extra burden - we do not make any extra charges in excess of the established resource supply organizations, there is no benefit for us from this mediation. On the contrary, we are also in the red: after all, the collection of utility bills does not exceed 95% - and this is even in the best case. There are always those consumers who do not pay, and we pay the resource providers money for them.

On average, management companies pay extra to resource-supplying organizations for unscrupulous consumers from 5% to 30%. We are forced to "withdraw" this money from the planned costs for Maintenance and the upkeep of houses – so it turns out that instead of painting the entrances or replacing the windows on the stairs, we pay the bills of those who do not pay for the communal flat themselves. And with large non-payments of the population, the management company becomes the eternal debtor of the resource supplying organization - is it up to improvement here?

In addition, direct contracts between consumers and resource providers remove from us about half of the problems associated with the improper provision of services by monopolists. Indeed, in this case, resource-supplying organizations are responsible for what happens on the way of the resource to the house - and we are responsible for what happens inside the house. Now something is a little wrong - consumers come to us, and we are forced to deal with resource providers. And so the areas of responsibility will be clearly delineated. And if, for example, a pipe breaks somewhere and heating is not supplied to the house, this is the problem of the resource supply organization. And if a pipe breaks in the basement, then yes, it’s already here, our area of ​​​​competence, and we are working with it.”

“With the transition to direct contracts, it will be possible to minimize the risks of bankruptcy of management companies and the consequences associated with this. Let me remind you that as a result of the bankruptcy of management organizations, residents apartment buildings may face changes in tariffs, prices and quality of services provided under agreements concluded earlier.

Also, the transition will help to avoid the "so beloved" for managing organizations joint and several liability of all residents for non-payers - that is, when the debts of non-paying residents are scattered on conscientious neighbors. No matter how absurd it may seem, the managing organization has the right to distribute debts to neighbors in proportion to the size of their total area, however, all expenses for common house needs cannot exceed the standard established in the region, and the managing organization is forced to pay the difference.

Can you pay less utility bills?

Nikita Skornyakov, CEO group of companies "GOST":

“No, the cost of services will not become cheaper at the same time - the tariffs for housing and communal services have grown by an average of 4% per year across the country and will continue to grow. But the consumer will have a firm confidence that his payments have gone to their destination. Direct contracts between residents and resource providers eliminate the intermediary in the face of the management company, making the supply of utility resources and their payment more transparent for everyone.

In addition, with poor-quality services, the consumer may not pay for them, having previously carried out the necessary measurements and informed the monopolist. If the payment goes through a common receipt, then it becomes more difficult to "isolate" a low-quality service from the payment."

How to make the transition?

Nikita Skornyakov, General Director of the GOST Group of Companies:

"In order to pay directly to the supplier for cold and hot water, electricity, gas, heating and sanitation, apartment owners must first meet at a general meeting, then make an appropriate decision at it, fix it in the minutes and transfer the document to the resource supply organization (Federal Law of April 3, 2018 No. 59-FZ "" (hereinafter - Law No. 59-FZ)."

Anna Slobozhaninova, head of the legal department of SK Outdoor Engineering Communications LLC:

"A direct contract is considered concluded from the date of adoption of the relevant decision by the general meeting. The term for the entry into force of the contract can be postponed by the resource supplying organization for no more than three months, of which it must notify the owners of the premises within five working days from the date of receipt by the resource supplying organization of the protocol and decision general meeting ()."

If the owners do not want to switch to direct contracts, is it possible to switch on the initiative of the management company?

Victoria Aptekina, Leading Lawyer of the European Legal Service:

"No, the managing organization does not have such powers."

And on the initiative of the resource supplying organization?

Nikita Skornyakov, General Director of the GOST Group of Companies:

"Yes, the resource supplying organization itself can become an indirect" culprit "of concluding direct contracts with consumers. This will happen when the managing organization has accumulated a two-month or more debt to resource suppliers. The procedure is regulated. In this case, the resource supplier can terminate the contract with the management company through the court - after which contracts for the supply of resources will automatically, with appropriate notification, be concluded directly with homeowners.According to our estimates, out of about 1.2 trillion rubles of the total Russian debt for housing and communal services, about 250-300 billion rubles are the debts of management companies to resource organizations."

Anna Slobozhaninova, head of the legal department of SK Outdoor Engineering Communications LLC:

"As already mentioned, the owners of the premises will be informed at the same time as the notice of withdrawal from the contract is sent by posting information in public places. After a 30-day period from the date of sending the notice to the management company, a direct agreement between the resource supplying organization and each owner of the premises in an apartment building will be considered enclosed ()."

What will happen to debtors?

Anna Slobozhaninova, head of the legal department of SK Outdoor Engineering Communications LLC:

"If this is technically possible, then the resource supplying organizations will first warn, and then limit or suspend the supply of utility resources, but only if this does not violate the rights of other subscribers (clause 121 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved . ).

In the event that it is not possible to limit or suspend the supply of utility resources, and the debtor has not voluntarily fulfilled the demand, the next step will be to file a lawsuit with the service provider in court. If the amount of the debt does not exceed 500 thousand rubles, then the result of considering claims for the recovery of debts for payment of utility bills will be the issuance of a court order by the court, which is also an executive document (). The defendant in the claim will be directly the citizen-debtor.

And if there is a debt for common house consumption?

Victoria Aptekina, Leading Associate at the European Legal Service:

“If everything is clear with non-payers regarding their use of services in their apartment, then the problem of accumulating debts at home to resource supply organizations remains. And the principle of working with such debt has not yet been explained by the legislator. By the way, such debts can be shifted onto the shoulders of respectable owners, since in accordance with the responsibility to reduce the loss of a particular resource, as well as the need to combat illegal connections and actions to reduce debts, you can quite legally shift it onto the shoulders of residents. "

What to do if the transition to direct contracts with resource-supplying organizations has been made, and the management company continues to send receipts?

Anna Slobozhaninova, head of the legal department of SK Outdoor Engineering Communications LLC:

"The legislator made an attempt to prevent possible abuses on the part of the management company: in this case, it will be obliged to pay the owners a fine in the amount of twice the amount that the owner pays on such an account (). This rule works if the payment has been made. Funds can be claimed by citizens from the management company in a judicial proceeding. The fine will reimburse citizens for the costs of re-paying utility bills directly to the provider of utility resources."

What difficulties may owners face if they decide to switch to direct contracts with resource-supplying organizations?

Nikita Skornyakov, General Director of the GOST Group of Companies:

“As in any innovation, there are, of course, bottlenecks in concluding direct contracts. Consumers may find it inconvenient to have a large number of different receipts and bills. gas. It will technically become more difficult and longer to pay for services. In addition, for questions of payments or recalculations, you will have to contact the organizations that issued the invoices - and this is instead of contacting the accounting department of the management company. It was the management companies that until now were the responsible person for quality for residents services provided.Their staff monitored the timeliness of accruals and billing of utility resources.Management companies, in fact, are the same "one window" where residents send all their complaints about the quality of resources or their payment.

In the case of the conclusion of direct contracts, these functions of the "regulator" will fall directly on the shoulders of the tenants themselves. That is, to find out what, why, when and how much, they will be directly with the regional "energy ...", "water ...", "heat ...". And in the new law, the boundaries of the areas of responsibility between the resource-supplying organization and the management company remain not completely defined. Obviously, the provider of resources is responsible for what is "outside the house", and what is "inside the house" is on the conscience of the management company. But from a legal point of view, these concepts are still blurred, which leaves room for manipulation. I can foresee that in the future this will become a stumbling block in disputes between tenants, resource supplying organizations and management companies, and tenants' claims about, say, weak water pressure or insufficiently hot batteries will be "spread" between organizations. Resource supplying organizations responsible for pipes "to the border of the house" will nod at the management companies whose pipes "inside the house" are rotten, broken, etc., and they, in turn, will appeal to the worn-out communications of the resource supplier. Of course, such stories often happen without direct contracts, but here the tenants have an extreme one - a management company, with which they have the right to demand.

A large number of new contracts, invoices, acts and other document flow will complicate the life of monopolists, more precisely, employees of lower and middle levels who will come face to face with this paper shaft. Indeed, in fact, such a law is already in force: the owners of non-residential premises have long had the right to conclude direct contracts with resource suppliers - this rule is enshrined. But in reality, the monopolists sabotage this under various pretexts - just because of their unwillingness to take on extra work."

Victoria Aptekina, Leading Associate at the European Legal Service:

"The increase in the number of receipts, and as a result, the corresponding calculations on a larger scale, as well as the need to collect from non-payers, should lead to an expansion of the staff of resource-supplying organizations, which means an increase in the costs of the enterprise. The question arises: how will compensation be made? Wouldn't it turn out that the money pledged for laying and repairing communications will be used for printing, producing receipts and paying lawyers?

The legislator also did not explain the procedure and did not indicate who will be responsible for the readiness of the domestic economy for the heating season, and this is the most important issue.

It can also be added that in the event of litigation, each consumer will have to independently resolve emerging issues with monopolists, while before innovations this is done by managing organizations.

What are the prospects for this innovation?

Nikita Skornyakov, General Director of the GOST Group of Companies:

"Since, according to our estimates, on average in Russia only one house out of three shows such activity, it can be assumed that only 30% of houses will switch to direct contracts with resource supply organizations on their own initiative in the foreseeable future."

Victoria Aptekina, Leading Associate at the European Legal Service:

"Potentially new system will be able to minimize the number of delinquencies in the field of housing and communal services, since now the situation with debts in this area is considered catastrophic."

Anna Slobozhaninova, head of the legal department of SK Outdoor Engineering Communications LLC:

"As has been said repeatedly: payments for consumed communal resources in the housing and communal services sector should become more transparent."

Question: In our house, the tenants have decided to pay utility bills directly to the resource supplying organization. Please explain the procedure for concluding contracts between citizens and energy suppliers.

The prosecutor of the department for overseeing the legality of legal acts, observance of the rights and freedoms of citizens S.V. Papanov answers: The Housing Code of the Russian Federation (part 7.1 of article 155) provides that, based on the decision of the general meeting of owners of premises in an apartment building, owners of premises in an apartment building and tenants of residential premises under social rental contracts or contracts for the rental of residential premises of state or municipal housing stock in this house can pay for all or some utilities (with the exception of utilities consumed when using common property in an apartment building) to resource supply organizations.

At the same time, payment for utility services to resource-supplying organizations is recognized as the fulfillment by the owners of premises in an apartment building and tenants of residential premises under social rental contracts or contracts for the rental of residential premises of state or municipal housing stock in this house of their obligations to pay utility bills to the managing organization, which is responsible to such owners and tenants for the provision of public services of adequate quality.

From 01.09.2012 Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings are regulated by a government decree Russian Federation dated 06.05.2011 No. 354 (hereinafter referred to as the Rules). Specified legal act the procedure for concluding an agreement containing provisions on the provision of public services has been established, the rights and obligations of the contractor have been fixed (in this case, the contractor of the public service will be directly the resource supplying organization).

So, according to paragraph 25 of the Rules, in order to conclude a written contract for cold water supply, hot water supply, sanitation, electricity supply, gas supply, heating with a resource supply organization, the owner of a dwelling in an apartment building submits to a resource supply organization that sells the corresponding type (s) of communal resources, according to its location, by mail or in another way agreed with the resource supplying organization, signed by the owner (one of the co-owners) an application for concluding an agreement in 2 copies, containing the necessary information about the consumer.

The contractor who has received the application and the documents attached to it is obliged to register them on the day of receipt, make a note on the second copy of the application about the date of acceptance of the application and the documents attached to it and transfer them to the applicant. The contractor, no later than 10 working days from the date of acceptance of the application and the documents attached to it, is obliged to issue to the applicant at the location of the contractor, by mail or in another way agreed with the applicant, a draft agreement signed by the contractor containing provisions on the provision of public services, in 2 copies (paragraph 23 of the Rules ).

At the same time, according to clause 30 of the Rules, an agreement containing provisions on the provision of public services concluded by the consumer performing implicit actions (actions indicating the tacit consent of the person performing the actions, his intention to make a transaction, conclude an agreement) is considered concluded by the consumer with the relevant contractor from the date the commencement of the provision of public services by such a contractor. An agreement containing provisions on the provision of public services, concluded by the consumer performing implicit actions, is considered concluded on the terms provided for by these Rules (clause 7 of the Rules).

Such a payment mechanism directly to the resource-supplying organization excludes the possibility of debts of managing organizations to the suppliers of utility resources, which directly affects the uninterrupted provision of utility services to consumer-citizens.

The prosecutor's office revealed the facts of illegal spending officials managing organizations Money received from the population as payment for housing and communal services.

In particular, only in the past period of 2014, at the initiative of the prosecutor of the city of Kursk, 2 criminal cases were initiated against Chisty Kursk LLC and UK Victoria LLC, with which more than 3.3 million rubles were received from citizens-consumers of housing and communal services were not transferred to resource supplying organizations, but were spent for other purposes.