Utility fee
According to Art. 153 of the Housing Code of the Russian Federation, subscribers are required to repay their utility bills on time and in full. According to the standard rule, residents transfer contributions by the 10th day of the month following the month for which services are paid. Other deadlines may be established in the management agreement of the apartment building or in the decision of the general meeting of co-owners. But in any case, payments from the population must arrive on time.
If the recipient of a communal benefit ignores the obligations regarding full and timely payment, such measures as termination or restriction of the supply of the resource, as well as the collection of monetary sanctions for the delay, are applied to him.
Important! A penalty is imposed for each day of delay in payment, starting from the 31st day following the due date for payment.
Fining procedure
Unscrupulous users of CommBlag are financially liable for violating the terms of payment for the cost of services. However, the imposition of sanctions takes place in accordance with strict rules established in the Russian Housing Code.
Additional interest is charged from the defaulter according to the following algorithm:
- Sanctions are applied one month after the deadline for transferring the fee. For example, you need to pay for electricity for February before March 10. If the money has not been received by April 10, fines begin to accrue.
- Every day the amount increases by a fixed value.
- If the subject managed to pay for the utility bill within 90 days after the due date of payment, interest is accrued in the amount of 1/300 of the refinancing rate of the Central Bank of Russia, which is in effect at the time of repayment of the accrued debt.
- If the debtor does not meet the 90-day deadline, a different value is taken as the basis for calculations - 1/130th of the Central Bank rate.
- The creditor is not authorized to arbitrarily change the principles by which the amount of fines is determined.
Important! Such a mechanism is provided for in paragraph 14 of Art. 155 of the Housing Code, and it applies to rent and utility payments. The accrual of penalties for an Internet connection or cable television in a similar manner is unlawful, unless the agreement stipulates similar forms of responsibility of the parties.
Moratorium
In 2021, a ban (moratorium) was introduced on the accrual of penalties for housing and communal services in accordance with Decree of the Government of the Russian Federation No. 424 of April 2, 2021 “On the specifics of providing utility services to owners and users of premises in apartment buildings and residential buildings.” This regulatory act provides a deferment of the calculation of penalties for the period from April 6, 2021 to January 1, 2021.
During this period, penalties for non-payment of utilities will not be assessed. However, the principal debt still needs to be paid.
The specifics of the application of this resolution were explained by the Supreme Court of the Russian Federation in its Review of certain issues of judicial practice related to the application of legislation and measures to counter the spread of coronavirus infection COVID-19. In its ruling, the RF Supreme Court drew attention to several important points:
- Penalties for the period from April 6, 2021 to January 1, 2021 are not charged not only for this period, but also for previous non-payments.
- In this case, you can recover the previously accrued penalty for the previous time.
An example of the correct calculation of penalties
Rusakov S.S. did not pay rent in the amount of 2000.00 for October 2021. He paid all current bills on time, but due to limited financial capabilities, it was not possible to liquidate the old debt. Rent for October was due by November 10th. 31 days after this date, utility workers began to charge Rusakov a penalty.
11/10/2019 + 31 = December 11, 2021.
From 12/11/2019 to 02/08/2020 (90th day of delay), to determine the amount of sanctions, you need to take 1/300th of the Central Bank rate. The duration of the period for which the fine is calculated is 60 days.
The date of actual payment is 02/09/2020. At this moment, the rate was 6%, respectively, 1/300th is equal to 0.02%.
Calculation of the amount:
2000×0.02%=.04 rubles per day of delay.
0.4×60=24 rubles for 2 months.
Option #2.
If Rusakov had not paid for another 30 days, then during this period 1/130th of the refinancing indicator would be taken as the basis for calculations.
1/130=0,046%
2000×0.046%=0.92 rubles per day
0.92×30=27.6 rubles.
Comments of the Supreme Court of the Russian Federation on the possibility of writing off penalties for housing and communal services
The Supreme Court commented on the situation with the write-off of penalties. Statement published June 17, 2021. It states that a citizen has the right not to pay for housing and communal services if there are doubts about the legality of the charges. The decision is due to the fact that the public utility system is increasingly unstable. People often receive receipts with unrealistic amounts and, accordingly, overpay.
Judicial practice of collecting penalties
If you do not apply and do not try to resolve the issue pre-trial, then Article No. 199 of the Criminal Code of the Russian Federation comes into force. The willful defaulter will be punished.
An example from judicial practice
Utility workers filed a lawsuit against citizen O.V. Popov. – the amount of debt for four years of non-payment of housing and communal services amounted to 56,400 rubles. Interest was accrued on top for penalties and forfeits and 12,300 rubles were added to the amount of debt.
The owner of the apartment protested this debt, citing the fact that the statute of limitations had already expired. The court decided to collect money only for the last three years, which allowed to reduce the amount of debt by almost half.
Debt write-off methods
In a number of situations, even a legally accrued penalty may be subject to legal write-off. Sometimes this happens without active efforts on the part of the debtor, and sometimes it requires the latter to perform legally significant actions.
Missing a deadline
According to Art. 196 of the Civil Code of the Russian Federation, the general statute of limitations for filing claims in court is 3 years. The countdown of this period begins from the moment when the subject became aware of the violation of his rights.
The commercial debt supplier must have time to file an appeal to the court for forced collection of lost funds within 3 years. The period begins to count from the moment the person becomes obligated to pay. If the creditor does not meet the time limits, the defendant has the right to apply for the application of the ID period. Such a request serves as a basis for refusing to satisfy the plaintiff’s claims.
Important! The limitation period applies solely upon the application of a party before the approval of the final decision.
This method of avoiding penalties cannot be called one hundred percent. In most cases, the defaulter can only rely on the inattention of the resource supply organization or management company. In practice, this rarely happens, since no one wants to suffer losses through their own fault. And even if the claim was sent at the wrong time, this does not mean that the debt will be written off completely.
Bankruptcy
Recently, an increasing number of citizens have been interested in such a mechanism for releasing debt obligations. However, not every individual is authorized to initiate their own bankruptcy proceedings.
Question:
I haven’t paid my utilities at all for a long time now. The fact is that I lost my job and I can’t solve my financial difficulties, and I barely have enough money for food. Should I declare bankruptcy so that the utility companies will stop insisting on full payment?
Answer:
A citizen has the right to declare himself absolutely insolvent if his monetary claims against him amount to at least 500,000 rubles. In addition, in Art. 213.3. Federal Law No. 127 has one more clause - the period of non-fulfillment of obligations must reach or exceed 3 months.
Declaration of bankruptcy takes place exclusively in court. The process is quite complex and lengthy. The applicant must prove that he is unable to pay his existing debts. If the petition is granted, the creditors' claims are repaid from the bankrupt's property. At the same time, payments for housing and communal services are compensated in third place, after alimony and unpaid wages.
Death of an individual or liquidation of an organization
After the death of the debtor, the property rights and obligations of the latter pass to his heirs. But if no successors are identified, then the debts, including penalties, must be written off. A similar mechanism also works during the liquidation of a legal entity.
Grounds for not paying penalties on housing and communal services payments
A legal way to write off debts is an expired statute of limitations for penalties for utilities, a claim for incorrect accrual, or an order that a person is exempt from paying a penalty.
Practice shows that this can be achieved after the housing and communal services have admitted a mistake or on the basis of a court decision. Before taking any measures, you should have justified reasons - illegal fines, the management company did not provide receipts on time, etc.
If the property owner partially repays the debt or housing and communal services checks, then sanctions will not be assessed.
Grounds for cancellation of penalties:
- the statute of limitations has expired;
- death of the defaulter;
- bankruptcy of an individual.
Watch the video: “Collectors, write-off of penalties, new tariffs for housing and communal services.”
There are also private grounds in the form of installment plans and refinancing, but they can come into force only after filing an application and receiving a writ of order that will authorize these actions. The reduction of the penalty occurs only after the presentation of evidence about the disproportionality of establishing a penalty on the principal debt.
Protection of rights in the judicial and law enforcement systems
In any case, when a payment user suspects a supplier of illegally imposing a fine, you can signal the local prosecutor's office and file a lawsuit to cancel the illegal payments.
Contacting the prosecutor's office
It is issued in the form of a simple application. The structure of the document is standard - introduction or “header”, main part, date and personal signature of the applicant, list of attachments. The text must indicate what exactly the violation of the law by the creditor is, for example, deliberately inflating the penalty or negligent attitude towards the performance of official functions.
The appeal will be taken into account and the actions of utility workers will be checked. If the fact of deliberate disregard of counting rules or other illegal acts comes to light, then interest for delays in payments may be canceled.
Legal proceedings
It makes sense to contact a judicial authority in two situations:
- for complete cancellation of penalties;
- for partial write-off or restructuring.
The plaintiff must prove to the court the validity of his claims. Servants of Themis will consider the case, study the materials and come to a definite decision. The subject has the right to refer to valid reasons that actually prevented the subscriber from paying housing and communal services on time. The list of possible mitigating circumstances includes:
- natural disasters, riots, other force majeure;
- serious health condition, long stay in hospital for treatment;
- errors in calculations made by the management company or RSO;
- long absence from the place of residence.
Important! The petition of claim is drawn up according to the rules of Art. 131 Code of Civil Procedure of the Russian Federation. As a general rule, a claim must be filed at the location of the defendant.
Samples of a claim and application to the Criminal Code and the prosecutor’s office to cancel the fine for residential complex services can be downloaded from the following links:
Example of a claim.
Sample application to the Criminal Code.
Sample application to the prosecutor.
Writing off penalties for housing and communal services through the court
Many argue that it is easier to pay utility bills than to go to the courts. Despite this, there is a chance to eliminate the debt if the defaulter proves he is right. Once the application is submitted, the process cannot be stopped.
Stages of the proceedings:
- collection of evidence;
- direction of claim;
- court hearing;
- making a decision.
If the verdict is positive, then the person will be released from paying the penalties that have been accrued all this time.
Correctly drawing up an application is 50% of success. If there is evidence, the owner will easily restore justice. You can sue for the costs spent on the production and organization of litigation, as well as demand compensation for moral damage.
Sample statement of claim for a reduction in the amount of penalties when paying for utilities
The consumer can write a statement not to cancel, but to reduce the percentage of the penalty. This must be done before the utility company files a lawsuit and the collection process is initiated. You should contact the authority at your place of residence.
Such an application may be met with objections from utility services. They will carefully study: the amount of debt, the time of delay and the person’s financial situation.
Statute of limitations
The statute of limitations is three years – this is stated in Article No. 196 of the Civil Code of the Russian Federation. It is during this period that it is realistic to file claims. But time does not matter if the property owner can provide evidence that the deadline was missed for a good reason.
Other options for reducing the accrued penalty
There are several other ways to actually achieve a revision of the amount indicated in the receipt for the utility service. The first of them is suitable for those citizens who pay utility bills not only for themselves, but also for their roommates. The fact is that all adult residents, including non-owners, are required to maintain the housing they occupy. However, it often happens that only one member of the family, for example, the owner of an apartment, pays the bills.
In such circumstances, the owner against whom the debt has been accrued has the right to apply to the court to demand:
- divide the debt and interest among everyone living in the house;
- by way of recourse, demand from other residents compensation for previously paid funds.
Sometimes the creditor himself can write off or extend the repayment of the penalty. For example, managers often accommodate those subscribers who have paid at least half of the outstanding payment on their own.
Options for reducing penalties on utility bills
You need to pay for the services of utility companies, but if it is not possible to pay off completely, you can consider several options for reducing the penalty. The debt will require partial repayment, but the owner has the right to try to negotiate a deferment with the management company.
The following factors influence this:
- the person has a difficult financial situation;
- the debt period is short.
Note: in order to write off penalties on utility bills in full, you will need a good reason (bankruptcy, death).
Partial reduction of penalties
You can get rid of penalties on utility bills, but first you need to suspend the accrual of interest. This is done by depositing funds in a partial amount. The amount of debt obligations will decrease and, accordingly, the amount of accrued interest will also change.
In this case, Article No. 333 of the Civil Code of the Russian Federation will help, but its provisions deal with the disproportionality of payments.
Receiving a subsidy
A subsidy option may be considered if the family is low-income or does not have a stable income. In this case, you need to obtain a decision on the assignment of benefits through government agencies. Only proven status will be taken into account in the new debt calculation.
What threatens a defaulter for housing and communal services?
Utility benefits do not allow you to completely get rid of debt, but they will make it much easier to pay. Not only low-income families, but also disabled people, single mothers and people with veteran's certificates can count on a 50% discount.
Regression
A court case is a lengthy process, so it should only be approached if a person is sure that the accrual is erroneous. But when the management company files an appeal, the owner can reduce the debt or reduce penalties through recourse. That is, at the expense of other people who are registered in the living space and also used the services of public utilities.
Installment plan
If you use installments, the debt will be written off according to the established schedule, the period of which is negotiated individually. To receive it, you need to write an application and if housing and communal services employees approve the application, then the entire amount of the debt will be divided into parts.
In this case, the increase in debt is suspended. Write-offs occur monthly, but only if the organization makes concessions.
