ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 23, 2006 No. 307

About procedure for provision of utilities to citizens

For the purpose of consumer protection of utilities and according to article 157 of the Housing code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Rules of provision of utilities to citizens.

2. Recognize to invalid:

the order of the Government of the Russian Federation of September 26, 1994 N1099 "About Approval of Rules of Provision of Utilities and Rules of Provision of Services on Export of Solid and Liquid Household Waste" (The Russian Federation Code, 1994, N 26, the Art. 2795);

Item 2 of the order of the Government of the Russian Federation of February 24, 1995 N182 "About Modification and Amendments in Some Decisions of the Government of the Russian Federation" (The Russian Federation Code, 1995, N 10, the Art. 894);

Item of 2 changes and additions which are made to decisions of the Government of the Russian Federation on housing questions, N1303 approved by the order of the Government of the Russian Federation of October 13, 1997 (The Russian Federation Code, 1997, N 42, by the Art. 4788);

the subitem "ch" of Item of 1 changes and additions which are made to Rules of sale of separate types of goods and to the list of the nonfoods of proper quality which are not subject to return or exchange for similar goods of others of the size, form, dimension, style, coloring or picking, approved by the order of the Government of the Russian Federation of February 6, 2002 N81 (The Russian Federation Code, 2002, N 6, by the Art. 584), regarding amendment of Rules of sale of separate types of the goods approved by the order of the Government of the Russian Federation of January 19, 1998 N 55, the Section XVI "Features of sale of the liquefied hydrocarbon gas";

item 4 of changes which are made to acts of the Government of the Russian Federation, N49 approved by the order of the Government of the Russian Federation of February 1, 2005 (The Russian Federation Code, 2005, N 7, by the Art. 560).

3. Item 2 of the Procedure of payments for electrical, heat energy and natural gas approved by the order of the Government of the Russian Federation of April 4, 2000 N294 (Russian Federation Code, 2000, N 15, Art. 1594), to state in the following edition:

"2. Payment by consumers of electrical, heat energy and natural gas is in the territory of the Russian Federation performed using advance payments or payment under the letter of credit according to the procedure, established by the agreement between the consumer and the power supplying organization if other is not established by the agreement of the parties. This rule is not applied to budgetary institutions which activities are financed from the relevant budget on the basis of the profit and loss budget, the state companies, condominiums, building, housing and other specialized consumer cooperatives, management companies or individual entrepreneurs exercising control of apartment houses if advance payment of utilities is not established in the agreement of management of apartment houses.".

4. In Item 3 of Instructions for use systems of utility water supply and the sewerage in the Russian Federation approved by the order of the Government of the Russian Federation of February 12, 1999 N167 (The Russian Federation Code, 1999, N 8, Art. 1028; 2003, N 33, the Art. 3269), words "The rules of provision of utilities approved by the order of the Government of the Russian Federation of September 26, 1994 N1099 (The Russian Federation Code, 1994, N 26, Art. 2795; 1995, N 10, Art. 894; N 42, the Art. 4788)" shall be replaced with words 1997, "The rules of provision of utilities to citizens approved by the Government of the Russian Federation".

5. Ceased to be valid according to the Order of the Government of the Russian Federation of 25.06.2012 No. 635

6. Determine that on application of the Rules approved by this resolution the Ministry of Regional Development of the Russian Federation gives explanations.

Approved by the order of the Government of the Russian Federation of May 23, 2006 No. 307

Rules of provision of utilities to citizens

I. General provisions

1. These rules govern the relations between contractors and consumers of utilities, establish their rights and obligations, responsibility, and also procedure for quality control of provision of utilities, procedure for determination of the amount of payment for utilities with use of metering devices and in case of their absence, procedure for recalculation of the amount of payment for separate types of utilities in the period of temporary absence of citizens in the occupied premises and procedure for change of the amount of payment for utilities by provision of utilities of inadequate quality and (or) with the breaks exceeding the established duration.

2. Action of these rules extends to the relations concerning provision of utilities to the citizens living on legal causes in premises of private, state and municipal housing stocks.

3. In these rules the following determinations are used:

"utilities" - the activities of the contractor of utilities for cold water supply, hot water supply, water disposal, electric utility service, gas supply and heating providing comfortable conditions of accommodation of citizens in premises;

"contractor" - the legal entity irrespective of form of business, and also the individual entrepreneur, the providing utilities making or acquiring utility resources and which are responsible for servicing of intra house engineering systems with which use utilities are provided to the consumer. The management company, condominium, building, housing or other specialized consumer cooperative, and under direct management of the apartment house of owners of rooms - other organization making or acquiring utility resources can be the contractor;

"consumer" - the citizen using utilities for the personal, family, house and other needs which are not connected with implementation of business activity;

"management company" - the legal entity irrespective of form of business, and also the individual entrepreneur, managing directors of the apartment house based on the agreement of management of the apartment house;

"the resource supplying organization" - the legal entity irrespective of form of business, and also the individual entrepreneur, performing sale of utility resources;

"authorized bodies" - local government bodies, public authorities of the federal cities of Moscow and St. Petersburg;

"utility resources" - cold water, hot water, electrical energy, gas, household gas in cylinders, the heat energy, solid fuel used for provision of utilities;

"the standard rate of consumption of utilities" - the monthly amount (quantity) of consumption of utility resources by the consumer used in case of determination of the amount of payment for utilities in the absence of individual, general (room) metering devices and also in other cases specified in these rules;

"premises" - the isolated room which is real estate and is suitable for permanent residence of citizens (answers the established health and technical regulations and regulations, other requirements of the legislation). The apartment house, part of the apartment house, the apartment, part of the apartment, the room belong to premises;

"intra house engineering systems" - the engineering communications and the equipment intended for provision of utilities and located in rooms of the apartment house or in the apartment house;

"the collective (all-house) metering device" - the gage used for determination of amounts (quantity) of the utility resources given to the apartment house;

"the general (room) metering device" - the gage used for determination of amounts (quantity) of consumption of utility resources in the communal flat;

"the individual metering device" - the gage used for determination of amounts (quantity) of consumption of utility resources by the consumers living in one premises of the apartment house or in the apartment house;

"distributor" - the gage used for determination falling on the residential or non-residential premise in which the distributor, relative share in all-house payment for heat energy which quantity is determined with use of indications of the collective (all-house) metering device of heat energy is established;

"utilities of proper quality" - the utilities meeting the requirements of these rules, health and technical requirements to the mode, amount and quality of provision of utilities, other requirements of the legislation of the Russian Federation, and also the agreement signed by the contractor in accordance with the legislation of the Russian Federation and containing conditions of provision of utilities.

4. Utilities are provided to the consumer according to the procedure, provided by the Federal Laws, other regulatory legal acts of the Russian Federation and these rules, based on the agreement containing conditions of provision of utilities and signed by the contractor with the owner of premises in accordance with the legislation of the Russian Federation (daleedogovor).

Conditions of change of the amount of payment for utilities by provision of utilities of inadequate quality and (or) with the breaks exceeding the established duration are given in the appendix N1.

Calculation of the amount of payment for utilities is given in the appendix N2.

5. Obligations on provision of utilities of proper quality arise at the contractor before all consumers.

6. The structure of the utilities provided to the consumer is determined by extent of improvement of the apartment house or apartment house which is understood as availability in the apartment house or the apartment house of the intra house engineering systems allowing to provide to the consumer the following utilities:

cold water supply - the round-the-clock providing the consumer with the cold drinking water of proper quality pumped in necessary amounts on the attached network to premises or to water folding column;

hot water supply - the round-the-clock providing the consumer with the hot water of proper quality pumped in necessary amounts on the attached network to premises;

water disposal - withdrawal of household drains from premises on the attached network; electric utility service - the round-the-clock providing the consumer with the electrical energy of proper quality given in necessary amounts on the attached network to premises;

gas supply - the round-the-clock providing the consumer with the gas of proper quality supplied in necessary amounts on the attached network to premises and also sale of household gas in cylinders;

heating - maintenance in the premises heated on the attached network, the air temperature specified in Item 15 of the appendix N1 to these rules and also sale of solid fuel in the presence of oven heating.

7. In case of absence at owners of rooms in the apartment house (in case of direct management of such house) or owners of apartment houses of the agreement signed with the contractor, the specified owners sign the agreement on acquisition of cold water, hot water, electrical energy, gas and heat energy, and also on water disposal is direct with the relevant resource supplying organization. In this case the resource supplying organization bears responsibility for the mode and quality of supply of cold water, hot water, electrical energy, gas and heat energy, and also water disposal on border of the networks which are part of common property of owners of rooms in the apartment house or belonging to owners of apartment houses with systems of utility infrastructure. At the same time servicing of intra house engineering systems is performed by the persons involved under the agreement by owners of rooms in the apartment house either owners of apartment houses, or specified by owners independently if the contract with the resource supplying organization does not provide other.

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