ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 7, 2023 No. 360

About approval of features of application of provisions of the legislation of the Russian Federation in spheres of the organization and carrying out capital repairs of common property in apartment houses, managements of apartment houses, provisions of utilities to owners and users of rooms in apartment houses and apartment houses, water supply, water disposal and the organization and implementation in 2023 - 2026 of regional state housing control (supervision) and municipal housing control in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region and about modification of the Order of the Government of the Russian Federation of February 16, 2023 No. 249"

According to Article 22 and part 1 of article 31 of the Federal constitutional Law "About Acceptance to the Russian Federation of the Donetsk People's Republic and Education as a part of the Russian Federation the New Subject — the Donetsk People's Republic", article 22 and part 1 of article 31 of the Federal constitutional Law "About Acceptance to the Russian Federation of the Luhansk People's Republic and Education as a part of the Russian Federation the New Subject — the Luhansk People's Republic", article 22 and part 1 of article 31 of the Federal constitutional Law "About Acceptance to the Russian Federation of the Zaporizhia Region and Education as a part of the Russian Federation the New Subject — the Zaporizhia Region" and article 22 and part 1 of article 31 of the Federal constitutional Law "About Acceptance to the Russian Federation of the Kherson Region and Education as a part of the Russian Federation the New Subject — the Kherson Region" Government of the Russian Federation decides:

1. Approve enclosed:

features of application of provisions of the legislation of the Russian Federation in spheres of the organization and carrying out capital repairs of common property in apartment houses, managements of apartment houses, provisions of utilities to owners and users of rooms in apartment houses and apartment houses, water supply, water disposal and the organization and implementation in 2023 - 2026 of regional state housing control (supervision) and municipal housing control in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region;

changes which are made to the order of the Government of the Russian Federation of February 16, 2023 No. 249 "About features of application in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region of provisions of the legislation of the Russian Federation in spheres of heat supply and power industry and approval of Rules of determination of mandatory requirements to operation of the objects of fuel and energy complex located in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region, and also Rules of preparation of scheduled plans on adaptation to application concerning the objects of fuel and energy complex located in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region normative and legal and normative and technical documents of the Russian Federation" (Russian Federation Code, 2023, No. 8, Art. 1347).

2. This resolution is effective till January 1, 2028.

Approved by the Order of the Government of the Russian Federation of March 7, 2023 No. 360

Features of application of provisions of the legislation of the Russian Federation in spheres of the organization and carrying out capital repairs of common property in apartment houses, managements of apartment houses, provisions of utilities to owners and users of rooms in apartment houses and apartment houses, water supply, water disposal and the organization and implementation in 2023 - 2026 of regional state housing control (supervision) and municipal housing control in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region

1. This document establishes features of application of provisions of the legislation of the Russian Federation in spheres of the organization and carrying out capital repairs of common property in apartment houses, managements of apartment houses, provisions of utilities to owners and users of rooms in apartment houses and apartment houses, water supply, water disposal and the organization and implementation in 2023 - 2026 of regional state housing control (supervision) and municipal housing control in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and Kherson region (further - new subjects of the Russian Federation).

2. Under management of apartment houses, provision of utilities provisions are not applied:

a) part Item 4.7 2 Articles 44, parts 3 (regarding establishment of the amount of payment for content of premises), 7, 9.2 and 9.3 Articles 156, parts 1.2, 2, 4 - 8.1, 13, the 14 and 17 Article 161 and part 5 of article 162 of the Housing code of the Russian Federation;

and (1)) Items 1, 3 and 5 parts 5, parts 8 of Article 13, Item of 1 part 5, parts 8 of Article 14, parts 1 and 3 of article 15 of the Federal law "About Water Supply and Water Disposal";

b) orders of the Government of the Russian Federation of February 6, 2006 No. 75 "About procedure for holding open tender by local government body on selection of management company for management of the apartment house";

c) orders of the Government of the Russian Federation of April 3, 2013 No. 290 "About the minimum list of the services and works necessary for ensuring proper maintenance of common property in the apartment house, and procedure for their rendering and accomplishment";

d) subitems "a", "v" and "d" of Item 21 of the Rules of cold water supply and water disposal approved by the order of the Government of the Russian Federation of July 29, 2013 No. 644 "About approval of Rules of cold water supply and water disposal and about introduction of amendments to some acts of the Government of the Russian Federation".

3. For the purpose of the organization of management of apartment houses the public authority of the new subject of the Russian Federation makes the decisions existing during the term established by the public authority of the new subject of the Russian Federation which accepted it, but not later than till January 1, 2028:

a) about creation of the non-profit organization performing activities for management of apartment houses (further - single regional management company);

b) about approval of the list of the apartment houses translated under management of single regional management company (further - the list of apartment houses);

c) about approval of the scheduled plan of transfer of the apartment houses included in the list of apartment houses, under management of single regional management company (further - the schedule) in time, not exceeding 3 months from the date of the decision making specified in the subitem "b" of this Item;

d) about opportunity about day of the decision making specified in the subitem "v" of this Item, acceptance by owners of rooms in the apartment house on general meeting of owners of rooms in the apartment house of the decision on the choice of one of methods of management of the apartment house: condominium or single management company;

e) about approval of the list of works and (or) services in management of the apartment house included in the list of apartment houses, the minimum list necessary for ensuring proper maintenance of common property in the apartment house included in the list of apartment houses, services and works and establishment of frequency of rendering the specified services and accomplishment of the specified works;

e) about approval of the program of work the current year on repair of structural elements and intra house engineering systems of the apartment houses included in the list of apartment houses with indication of forecast cost and amounts of accomplishment of such works;

g) about establishment for 2025 and the next years of the amount of payment for content of premises for the apartment houses included in the list of apartment houses;

h) about transfer of the apartment house under management of single regional management company in case, stipulated in Item 3(2) this documents.

3(1). The legal entities and individual entrepreneurs performing activities for management of the apartment houses included in the list of apartment houses transfer technical documentation to such apartment houses and other documents connected with management of such apartment houses, keys from the rooms which are part of common property of owners of rooms in such apartment houses, electronic codes of access to the equipment which is part of common property of owners of rooms in such apartment houses and other technical means and the equipment necessary for operation of such apartment houses and management of them within 3 working days from the date following date of transfer of the respective apartment house under management of the single regional management company determined by the scheduled plan. The contract of management of the apartment house between the owner of the room in the apartment house included in the list of apartment houses, and single regional management company is considered the agreement of management of the apartment house signed with the legal entity or the individual entrepreneur performing activities for management of the apartment house before the date of the specified transfer determined by the scheduled plan concluded from the date following the date of the specified transfer of the respective apartment house determined by the scheduled plan, at the same time it is considered terminated from date, following the date specified transfer determined by the scheduled plan. The duration of the agreement of management of the apartment house between the owner of the room in the apartment house and single regional management company is established till January 1, 2028. Public authority of the new subject of the Russian Federation the approximate form of the contract of management of the apartment house between the owner of the room affirms as the apartment house and single regional management company.

3(2). In case of the termination of management of the apartment house by condominium in connection with liquidation of condominium management of such apartment house is transferred to single regional management company based on the decision of public authority of the new subject of the Russian Federation.

4. For the purpose of approval of the minimum list necessary for ensuring proper maintenance of common property in the apartment house included in the list of apartment houses, services and works and establishments of frequency of rendering the specified services and accomplishment of the specified works public authorities of new subjects of the Russian Federation are guided by provisions of part 1.1 of article 161 of the Housing code of the Russian Federation, and also the Rules of content of common property in the apartment house approved by the order of the Government of the Russian Federation of August 13, 2006 No. 491 "About approval of Rules of content of common property in the apartment house and Rules of change of the amount of payment for content of premises in case of rendering services and performance of works on management, content and repair of common property in the apartment house of inadequate quality and (or) with the breaks exceeding the established duration".

4(1). The amount of payment for content of premises in the apartment houses included in the list of apartment houses for 2024, and also the plan of step-by-step increase in the amount of payment for content of premises are established by the decision of the collegiate organ formed by the order of the Government of the Russian Federation of March 18, 2022 No. 542-r.

The amount of payment for content of premises in the apartment houses included in the list of apartment houses for 2025 and the next years is established by the decision provided by the subitem "zh" of Item 3 of this document according to the specified plan of step-by-step increase in the amount of payment for content of premises.

5. The legal entities and individual entrepreneurs performing activities for management of apartment houses bear responsibility for ensuring readiness of the engineering communications and other equipment which are part of common property of owners of rooms in the apartment house to provision of utilities, for rendering the services and performance of works necessary for ensuring proper maintenance of common property of owners of rooms in the apartment house, performance of works and (or) rendering services in management of the apartment house.

6. Till December 31, 2026 inclusive provisions of Item 8 of part 1 of article 20 of the Housing code of the Russian Federation are not applied.

7. Provisions of part 1 of article 157 of the Housing code of the Russian Federation regarding need of application of the raising coefficients when calculating payment for utilities to owners of rooms in apartment houses which have the obligation established by the legislation of the Russian Federation on equipment of the rooms belonging to them metering devices of the used water and which rooms are not equipped with such metering devices are not applied to standard rates of consumption of utilities.

8. Utilities and to employers of premises under agreements of social hiring or employment contracts of premises of the state or municipal housing stock in this house are provided to owners of rooms in the apartment house by the resource supplying organization, the regional operator for the address with solid utility waste according to prisoners with each owner of the room in the apartment house acting on its own behalf, the agreement of cold and hot water supply, water disposal, electric utility service, gas supply (including supply of household gas in cylinders), heating (heat supply, including supply of solid fuel in the presence of oven heating), the service provision agreement according to the address with solid utility waste.

Provisions of part 1 of article 157.2 of the Housing code of the Russian Federation are not applied.

The single regional management company shall observe the requirements established by part 11 of article 161 of the Housing code of the Russian Federation.

Provisions of part 12 of article 161 of the Housing code of the Russian Federation in the part concerning the conclusion of contracts between single regional management company and the resource supplying organizations which perform cold and hot water supply, water disposal, electric utility service, gas supply (including supply of household gas in cylinders), heating (heat supply, including supply of solid fuel in the presence of oven heating) and the regional operator according to the address with solid utility waste for the purpose of provision of utilities, are not applied.

9. The size of expenses of citizens and the organizations as a part of payment for content of premises in the apartment house on payment of cold water, hot water, the electrical energy consumed during the using and content of common property in the apartment house, removals of sewage for the purpose of content of common property in the apartment house (further - the utility resources consumed during the using and content of common property in the apartment house) is determined in the presence of the collective (all-house) metering device proceeding from the standard rate of consumption of the corresponding type of the utility resources consumed during the using and content of common property in the apartment house, by the rates established by public authorities of new subjects of the Russian Federation, with carrying out recalculation of the size of such expenses proceeding from indications of the collective (all-house) metering device according to the procedure, established by Rules of content of common property in the apartment house, approved by the order of the Government of the Russian Federation of August 13, 2006 No. 491 "About approval of Rules of content of common property in the apartment house and Rules of change of the amount of payment for content of premises in case of rendering services and performance of works on management, content and repair of common property in the apartment house of inadequate quality and (or) with the breaks exceeding the established duration". The exception constitutes case of equipment of the apartment house the automated information and measuring system of accounting of consumption of utility resources and utilities in case of which the size of expenses of citizens and the organizations as a part of payment for content of premises in the apartment house on payment of the utility resources consumed during the using and content of common property in the apartment house is determined proceeding from indications of this system of accounting on condition of ensuring accounting of possibility of single-step removal of indications with this system.

In the absence of the collective (all-house) metering device the size of expenses of citizens and the organizations as a part of payment for content of premises in the apartment house on payment of the utility resources consumed during the using and content of common property in the apartment house is determined proceeding from the standard rate of consumption of the corresponding type of the utility resources consumed during the using and content of common property in the apartment house by the rates established by public authorities of new subjects of the Russian Federation.

10. For the purpose of the organization of uninterrupted provision of utilities the authorized body of the government of the new subject of the Russian Federation has the right to accept concerning all or certain municipalities located in the territory of the appropriate new subject of the Russian Federation, the solution on application till January 1, 2025 of standard rates of consumption of utilities and standard rates of consumption of the utility resources consumed during the using and content of common property in the apartment house approved in subjects of the Russian Federation with similar climatic conditions.

11. Till January 1, 2026 according to the decision of public authority of the new subject of the Russian Federation authorized on implementation of regional state housing control (supervision) (further - body of the state housing supervision), provisions of the subitem "d" of Item 3 of Rules of provision of utilities to owners and users of rooms in apartment houses and the apartment houses approved by the order of the Government of the Russian Federation of May 6, 2011 No. 354 "About provision of utilities to owners and users of rooms in apartment houses and apartment houses" are not applied on condition of observance of requirements of part 4 of article 157 of the Housing code of the Russian Federation and in case of accomplishment of one of the following criteria:

a) lack of technical capability of deliveries by the resource supplying organizations of the utility resources necessary for provision of utilities of proper quality and (or) without breaks exceeding the established duration to the apartment house or the apartment house, including in cases:

discrepancies of quality of the pumped drinking water to the established requirements in the limits determined by the actions plan by reduction of quality of drinking water in compliance with the established requirements by the organization performing cold water supply, except for the indicators of quality of drinking water characterizing its safety, provided by the Federal Law "About Water Supply and Water Disposal" before completion of the actions determined by the specified plan during fixed terms;

accomplishment by the organizations performing hot water supply, cold water supply and (or) water disposal, planned actions for repair of objects of centralized system of water supply and (or) water disposal, actions directed to improvement of quality of drinking water, quality of hot water and (or) quality of sewage treatment, actions for energy saving and increase in energy efficiency, including decrease in the losses of water when transporting provided in production programs of the specified organizations approved according to the procedure, established by the Rules of development, approval and adjustment of production programs of the organizations performing hot water supply, cold water supply and (or) water disposal, approved by the order of the Government of the Russian Federation of July 29, 2013 No. 641 "About investing and production programs of the organizations performing activities in the field of water supply and water disposal", during terms of realization of the relevant activities specified in such programs;

accomplishment by the organizations performing hot water supply, cold water supply and (or) water disposal, the actions necessary for execution of obligations by such organizations for achievement of planned measure values of reliability, the quality, energy efficiency included in the investing programs of such organizations approved according to the procedure, established by the Rules of development, approval, approval and adjustment of investing programs of the organizations performing hot water supply, cold water supply and (or) water disposal, approved by the order of the Government of the Russian Federation of July 29, 2013 No. 641 "About investing and production programs of the organizations performing activities in the field of water supply and water disposal" during terms of realization of the relevant activities specified in such programs;

accomplishment by the heatsupplying organization or the heatnetwork organization performing regulated types of activity in the field of heat supply, actions directed to achievement of planned measure values of reliability and energy efficiency of the objects of heat supply included in the investing programs of the specified organizations approved according to the procedure, the established Rules of approval and approval of investing programs of the organizations performing regulated types of activity in the field of heat supply, and also requirements to structure and contents of such programs (except for such programs approved in accordance with the legislation of the Russian Federation about power industry), approved by the order of the Government of the Russian Federation of May 5, 2014 No. 410 "About procedure for approval and approval of investing programs of the organizations performing regulated types of activity in the field of heat supply and also requirements to structure and contents of such programs (except for such programs approved in accordance with the legislation of the Russian Federation about power industry)", during terms of realization of the relevant activities specified in such programs;

accomplishment by gas-distributing organization of events, the planned measure values of reliability and service quality directed to achievement on gas transportation on gas distribution networks determined according to the Rules of measure definition of reliability and service quality on gas transportation on gas distribution networks approved by the order of the Government of the Russian Federation of October 18, 2014 No. 1074 "About procedure for measure definition of reliability and service quality on gas transportation on gas distribution networks and about modification of the order of the Government of the Russian Federation of December 29, 2000 No. 1021" during terms of realization of the relevant activities;

accomplishment by the subject of power industry of the actions directed to achievement of values of the target indicators of reliability and service quality on transfer of electrical energy included in the investing programs of subjects of power industry approved according to the Rules of approval of investing programs of subjects of power industry approved by the order of the Government of the Russian Federation of December 1, 2009 No. 977 "About investing programs of subjects of power industry" during terms of realization of the relevant activities specified in such programs;

accomplishment by the resource supplying organizations of the actions developed in pursuance of instructions of the federal executive body exercising federal state supervision in the field of industrial safety, federal state energy supervision, federal state supervision in the field of use of atomic energy during the terms of their realization specified in such instructions;

accomplishment by the organizations performing hot water supply, cold water supply and (or) water disposal for the instruction of territorial authority of the federal executive body exercising federal state sanitary and epidemiological surveillance, federal executive body authorized to exercise federal state environmental control (supervision), executive body of the new subject of the Russian Federation, authorized to exercise regional state environmental control (supervision), the actions aimed at providing compliance of quality of drinking water, hot water, structure and properties of sewage to requirements of the legislation of the Russian Federation and requiring the termination or restriction of hot water supply, cold water supply and (or) water disposal, transportation of water and (or) sewage according to the Federal Law "About Water Supply and Water Disposal";

acquisitions by the organization performing hot water supply for the purposes of preparation of hot water at the organization performing cold water supply, cold (drinking) water which quality does not conform to the requirements established by the legislation of the Russian Federation in the field of ensuring sanitary and epidemiologic wellbeing of the population;

b) availability of the design features and (or) parameters of technical condition of the apartment house, apartment house which are not allowing to provide utilities in the apartment house, the apartment house of proper quality or without breaks exceeding the established duration including in cases:

lack of the circulating line in hot water supply in the apartment house, in the apartment house;

violations of specifications for technological accession to power networks, connection specifications (technological accession) of capital construction project to centralized systems of hot water supply, cold water supply and (or) water disposal, connection specifications (technological accession) of capital construction project to system of heat supply, specifications on connection (technological accession) of the gas-using equipment or capital construction projects to network of gas distribution or violation of the modes of water consumption, the heat energy, gas, energy established by agreements of cold and hot water supply, heat supply, delivery agreements of gas, agreements of power supply respectively and also violations of the mode of the acceptance of sewage set by the agreement of water disposal;

accomplishment by single regional management company of works on repair of the intra house engineering systems, to repair and (or) acquisition and installation of equipment allowing to provide provision of utilities of proper quality and without breaks exceeding the established duration during the period established by owners of rooms in the apartment house for accomplishment of such works;

c) identification of actions (failure to act) of consumers of utilities which resulted in impossibility of provision in the apartment house, the apartment house of utilities of proper quality or without breaks exceeding the established duration including in cases:

not admission owners of rooms in the apartment house of single regional management company to work on repair of common property of owners of rooms in the apartment house;

uses in rooms of power receiving devices (household machines, devices, the equipment) which capacity of connection exceeds the most permissible loads provided in the project documentation of the apartment house or in its technical data sheet;

reorganizations of the intra house gas equipment in the apartment house or the intra room gas equipment leading to violation of safe operation of this equipment, smoke and ventilating channels of the apartment house or household;

implementation of regulation of the intra room equipment used for heating utility consumption, and making of other actions as a result of which indoors air temperature below 12 degrees Celsius will be maintained in the apartment house;

unauthorized modification of intra house engineering systems, and also unauthorized connection to intra house engineering systems or connection of the intra room equipment to intra house engineering systems without observance of the requirements established by the legislation of the Russian Federation, including unauthorized dismantle of the warming elements provided by project and (or) technical documentation on the apartment or apartment house, unauthorized increase in surface of heating of the devices of heating established in premises, over the parameters provided by project and (or) technical documentation on the apartment or apartment house;

unauthorized change of the heated floor area in the apartment house, apartment houses;

implementation of discharge of the heat carrier from system of heating without approval of single regional management company;

uses not to destination intra house engineering system of the water disposal (dumping into system of the sewerage of bulky and other items) leading to blockage of networks of water disposal which elimination requires suspension of provision of utilities of water disposal, cold and hot water supply, on condition of proper execution of the obligations by single regional management company on content and cleaning of networks of water disposal;

d) availability of force majeure circumstances which resulted in impossibility of provision in the apartment house, the apartment house of utilities of proper quality or without breaks exceeding the established duration including in cases:

the emergency termination of power supply of the network, feeding, pumping up pumps and other equipment used for the purpose of production of heat energy, preparation of hot water, supply of drinking water and (or) transfer (transportation) on engineering networks of heat energy (water and (or) sewage);

need of immediate suspension of supply of gas in case of establishment of availability of threat of emergence of accident, leakages of gas or accident;

emergence of emergency situations, and also need of their localization and elimination of their effects.

12. The decisions specified in paragraph one of Item 11 of this document are accepted by bodies of the state housing supervision based on statements of the resource supplying organizations with appendix of supporting documents.

13. Till January 1, 2026 provisions of article 168 of the Housing code of the Russian Federation regarding need of approval of the regional program of capital repairs of common property for apartment houses are not applied.

14. Provisions of part 5 of article 170 of the Housing code of the Russian Federation are not applied.

15. Till January 1, 2025 to the public authorities of new subjects of the Russian Federation, including the bodies of the state housing supervision, local government bodies including authorized on implementation of municipal housing control, to legal entities and individual entrepreneurs, performing activities for management of apartment houses, persons, performing deliveries of the resources necessary for provision of utilities, to apartment houses, apartment houses, performing activities for provision of utilities, specialized non-profit organizations which perform the activities aimed at providing carrying out capital repairs of common property in apartment houses, to the bodies or the organizations authorized on implementation of the state accounting of housing stock, to banks, other credit institutions, the organizations of federal mail service, bodies performing opening and maintaining personal accounts according to the budget legislation of the Russian Federation including making calculations electronically, and also to other bodies or the organizations through which introduction of payment for premises and utilities is made, requirements to observance of procedure for placement of information in the state information system of housing and communal services according to the Federal Law "About the State Information System of Housing and Communal Services" are not imposed.

16. According to the decision of the collegiate organ formed by the order of the Government of the Russian Federation of March 18, 2022 No. 542-r the single scheme of water supply and water disposal of the new subject of the Russian Federation is developed (further - the single scheme of water supply and water disposal).

For the purposes of this document the single scheme of water supply and water disposal is understood as set graphical (schemes, drawings, plans of underground communications on the basis of land underlying cause, kosmo-and aero photofilm-making materials) and the text description of technical and economic condition of centralized systems of hot water supply, cold water supply and (or) water disposal providing water supply and (or) water disposal in the territories of municipalities of the new subject of the Russian Federation, and the directions of their development, approved by authorized executive body of the new subject of the Russian Federation.

Regulations of the legislation of the Russian Federation on schemes of water supply and water disposal taking into account the features established by the this document are applied to single schemes of water supply and water disposal.

The Sections provided by subitems "b", "d" and "zh" of Item 5 and subitems "d" and "zh" of Item 15 of requirements to contents of the schemes of water supply and water disposal approved by the order of the Government of the Russian Federation of September 5, 2013 No. 782 "About schemes of water supply and water disposal" in the single scheme of water supply and water disposal do not join.

In case of development and approval of the single scheme of water supply and water disposal provisions are not applied:

item 4 of part 1 of Article 6 and part 4 of article 38 of the Federal law "About Water Supply and Water Disposal";

the paragraph one of item 4 and paragraph two of Item 5 of Rules of development and approval of schemes of water supply and water disposal approved by the order of the Government of the Russian Federation of September 5, 2013 No. 782 "About schemes of water supply and water disposal".

17. For the purpose of the organization of uninterrupted provision of utilities the public authority of the new subject of the Russian Federation makes the decisions existing during the term established by the public authority of the new subject of the Russian Federation which accepted it, but not later than till January 1, 2028:

a) about recognition by the single resource supplying organizations in the field of water supply and water disposal (further - the single resource supplying organizations) the state unitary enterprises of the new subject of the Russian Federation corresponding to the criteria specified in Item 18 of this document;

b) about the approval of the list of the state unitary enterprises of the new subject of the Russian Federation and municipal unitary enterprises performing regulated types of activity in spheres of water supply and water disposal concerning which their accession to the single resource supplying organizations or merge to the single resource supplying organizations is planned;

c) about approval of the list of the personal and real state-owned or municipal estate located in the territory of the new subject of the Russian Federation used for implementation of regulated types of activity in spheres of water supply and water disposal and planned to transfer to the single resource supplying organizations on the right of economic maintaining;

d) about approval of the schedule of the conclusion by the single resource supplying organizations of agreements of water supply and (or) water disposal with subscribers.

18. The decision of public authority of the new subject of the Russian Federation on recognition by the single resource supplying organizations is made on the state unitary enterprises of the new subject of the Russian Federation performing regulated types of activity in spheres of water supply and water disposal which correspond to at the same time following criteria:

a) amount of the cold water pumped to subscribers and (or) I will eat around the subscribers of sewage who are taken away from objects (for the single resource supplying organizations) constitutes at least 85 percent of amount of the cold water pumped to subscribers and (or) amount of the subscribers of sewage who are taken away from objects respectively in general on the new subject of the Russian Federation;

b) completeness repair and operational maintenance force, equipment by the machines, special mechanisms and the equipment necessary for implementation of regulated types of activity in spheres of water supply and water disposal (for the single resource supplying organizations), availability of the main material resources, and also completeness portable autonomous sources of power supply for conducting emergency recovery operations;

c) absence at the state unitary enterprise of the new subject of the Russian Federation of the tax arrears, charges, other obligatory payments in budgets of budget system of the Russian Federation.

19. The agreement of cold water supply shall contain essential conditions, the stipulated in Item 21 Rules of cold water supply and water disposal approved by the order of the Government of the Russian Federation of July 29, 2013 No. 644 "About approval of Rules of cold water supply and water disposal and about introduction of amendments to some acts of the Government of the Russian Federation" taking into account features, stipulated in Item 2 this documents, and also the following essential conditions:

a) the subject of the agreement, the mode of giving (consumption) of cold water (the guaranteed amount of supply of cold water, including for needs of fire extinguishing);

b) procedure of reconciliation of the amounts of cold water (drinking and (or) technical) delivered by the organization of water and sewer economy and acquired by the subscriber in settlement period.

20. The agreement of water disposal shall contain essential conditions taking into account the features established by the this document, and also condition about procedure of reconciliation of amounts of the subscribers of sewage who are taken away from objects in settlement period.

21. In case of the conclusion between the organization of water and sewer economy and the subscriber of the single agreement of cold water supply and water disposal the requirements established by Items 19 and 20 of this document are applied to such agreement.

Approved by the Order of the Government of the Russian Federation of March 7, 2023 No. 360

Changes which are made to the Order of the Government of the Russian Federation of February 16, 2023 No. 249

Add with Item 8 (1) the following content:

"8(1). According to the decision of the collegiate organ formed by the order of the Government of the Russian Federation of March 18, 2022 No. 542-r the single scheme of heat supply of the new subject of the Russian Federation is developed (further - the single scheme of heat supply).

For the purposes of this resolution the single scheme of heat supply is understood as the document containing preproject materials on reasons for effective and safe functioning of systems of heat supply of municipalities of the new subject of the Russian Federation, their development taking into account legal regulation in the field of energy saving and increase in energy efficiency and approved by the legal act which does not have normative nature, executive body of the new subject of the Russian Federation.

Regulations of the legislation of the Russian Federation on schemes of heat supply taking into account the provisions established by this resolution are applied to single schemes of heat supply.

The Sections provided by subitems "g", "zh", "z", "k", "o" and "p" of item 4 of the requirements to schemes of heat supply approved by the order of the Government of the Russian Federation of February 22, 2012 No. 154 "About requirements to schemes of heat supply, procedure for their development and approval" are not developed and do not join in the single scheme of heat supply.

The proving materials provided by subitems "d", "i", "k" and "n" - "п" Item 23 of the requirements to schemes of heat supply approved by the order of the Government of the Russian Federation of February 22, 2012 No. 154 "About requirements to schemes of heat supply, procedure for their development and approval" are not developed and are not integral part of the single scheme of heat supply.

In case of development, approval, updating of the single scheme of heat supply provisions are not applied:

Item 11 parts 2 Articles 4, Items 6 and 9.1 of part 1 of Article 6 and parts 5 and 7 of article 14 of the Federal law "About Heat Supply";

Items 2, 3, 15 - 31 and 37 - 39 requirements to procedure for development and approval of the schemes of heat supply approved by the order of the Government of the Russian Federation of February 22, 2012 No. 154 "About requirements to schemes of heat supply, procedure for their development and approval";

Items 28 - 31 Rules of connection (technological accession) to systems of heat supply, including rules of non-discriminatory access to services in connection (technological accession) to systems of heat supply, approved by the order of the Government of the Russian Federation of November 30, 2021 No. 2115 "About approval of Rules of connection (technological accession) to systems of heat supply, including rules of non-discriminatory access to services in connection (technological accession) to systems of heat supply, Rules of non-discriminatory access to services in transfer of heat energy, the heat carrier, and also about change and recognition voided some acts of the Government of the Russian Federation and separate provisions of some acts of the Government of the Russian Federation".

In case of technical impossibility of connection (technological accession) to system of heat supply of capital construction project owing to lack of free capacity in the corresponding point of connection (technological accession) at the time of the address of the corresponding consumer of heat energy, including the builder, and in case of absence in the investing program of the heatsupplying organization or heatnetwork organization of events approved in accordance with the established procedure on development of system of heat supply and removal of the technical restrictions allowing to provide technical capability of connection (technological accession) to system of heat supply of this capital construction project, the heatsupplying organization or the heatnetwork organization within 30 days from the date of the choice by person having intention to connect this capital construction project to system of heat supply, including to increase earlier connected thermal loading procedure for connection (technological accession) of this capital construction project to system of heat supply addresses to the executive body of the new subject of the Russian Federation which approved the single scheme of heat supply with the offer on inclusion in it of actions for ensuring technical capability of connection (technological accession) to system of heat supply of this capital construction project with appendix of the request for the conclusion of the agreement on connection (technological accession) to system of heat supply.

The executive body of the new subject of the Russian Federation which approved the single scheme of heat supply based on criteria which are established by the requirements to procedure for development and approval of schemes of heat supply approved by the order of the Government of the Russian Federation of February 22, 2012 No. 154 "About requirements to schemes of heat supply, procedure for their development and approval" taking into account the provisions established by this resolution within 30 days from the date of receipt of the offer specified in paragraph ten of this Item makes the decision on modification of the single scheme of heat supply or on refusal in entering into it of such changes.

If the heatsupplying organization or the heatnetwork organization will not direct at the scheduled time and (or) will provide with violation of established procedure to the executive body of the new subject of the Russian Federation which approved the single scheme of heat supply, the offer on inclusion in it of the relevant activities, the consumer of heat energy, including the builder having the right to demand indemnification caused by such violation and (or) to address to federal antimonopoly authority with the requirement about issue for the specified organization of the instruction about the termination of abuse of regulations of non-discriminatory access to goods.

If the executive body of the new subject of the Russian Federation which approved the single scheme of heat supply will not consider the request of the heatsupplying organization or heatnetwork organization about modification of the single scheme of heat supply in accordance with the established procedure, the heatsupplying organization or the heatnetwork organization has the right to address to federal antimonopoly authority.

In case of refusal executive body of the new subject of the Russian Federation who approved the single scheme of heat supply in modification of the single scheme of heat supply the specified body shall prove refusal in entering into it of such changes and provide to the consumer of heat energy, including the builder, information on other opportunities of heat supply of capital construction project. The possibility of its connection (technological accession) to system of heat supply in case of decrease in thermal loading by consumers of heat energy whose objects were connected earlier belongs to other opportunities of heat supply of capital construction project, in particular, (are technologically attached) to system of heat supply according to provisions of part 14 of article 14 of the Federal law "About Heat Supply".".

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info