FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 3, 2015 No. 307-FZ

About modification of separate legal acts of the Russian Federation in connection with strengthening of payment discipline of consumers of energy resources

Accepted by the State Duma on October 23, 2015

Approved by the Federation Council on October 28, 2015

Article 1

Bring in the Federal Law of March 31, 1999 No. 69-FZ "About gas supply in the Russian Federation" (The Russian Federation Code, 1999, No. 14, Art. 1667; 2004, No. 35, Art. 3607; 2006, No. 6, Art. 636; 2009, No. 1, Art. 17, 21; 2011, No. 30, Art. 4590; No. 45, Art. 6333; 2012, No. 53, Art. 7616) following changes:

1) the paragraph third article 8 parts two after the words "procedure for use of gas in fuel quality" to add with words "rules of restriction of giving (delivery) and gas offtake,";

Article 18 to add 2) with part six of the following content:

"In case of absence at the delivery agreement of gas of person belonging to it on the property right or other legal cause of the gas-using equipment such person which addressed for the conclusion the conclusion of the delivery agreement of gas has no right to demand from the supplier of gas.";

Article 25 to state 3) in the following edition:

"Article 25. Guarantees of payment of delivered gas and services in its transportation

Based on delivery agreements of gas and service provision agreements consumers shall pay for its transportation supply of gas and the rendered services.

In case of untimely and (or) incomplete payment of gas and services in its transportation the consumer of gas shall pay to the supplier of penalty fee in the amount of one stotridtsaty refunding rate of the Central bank of the Russian Federation operating on the date of the actual payment from the amount which is not paid in time for each day of delay since next day after day of approach of fixed term of payment till day of the actual payment.

The condominiums, housing, building and other specialized consumer cooperatives created for the purpose of requirements satisfaction of citizens in housing, acquiring gas for the purposes of provision of utilities in case of untimely and (or) incomplete payment of gas pay to the supplier of penalty fee in the amount of the one three-hundredth refunding rate of the Central bank of the Russian Federation operating on the date of the actual payment from the amount which is not paid in time for each day of delay since the thirty first day following behind day of approach of fixed term of payment till day of the actual payment made within ninety calendar days from the date of approach of fixed term of payment or before the expiration of ninety calendar days after day of approach of fixed term of payment if in devyanostodnevny time payment is not made. Since the ninety first day following behind day of approach of fixed term of payment till day of the actual payment of penalty fee are paid in the amount of one stotridtsaty refunding rate of the Central bank of the Russian Federation operating on the date of the actual payment from the amount which is not paid in time for each day of delay.

The management companies acquiring gas for the purposes of provision of utilities, heatsupplying the organizations (the single heatsupplying organizations) in case of untimely and (or) incomplete payment of gas pay to the supplier of penalty fee in the amount of the one three-hundredth refunding rate of the Central bank of the Russian Federation operating on the date of the actual payment from the amount which is not paid in time for each day of delay since the day following behind day of approach of fixed term of payment till day of the actual payment made within sixty calendar days from the date of approach of fixed term of payment or before the expiration of sixty calendar days after day of approach of fixed term of payment if in six-ten-day time payment is not made. Since the sixty first day following behind day of approach of fixed term of payment till day of the actual payment made within ninety calendar days from the date of approach of fixed term of payment or before the expiration of ninety calendar days after day of approach of fixed term of payment if in devyanostodnevny time payment is not made, penalty fee is paid in the amount of one stosemidesyaty refunding rate of the Central bank of the Russian Federation operating on the date of the actual payment from the amount which is not paid in time for each day of delay. Since the ninety first day following behind day of approach of fixed term of payment till day of the actual payment of penalty fee are paid in the amount of one stotridtsaty refunding rate of the Central bank of the Russian Federation operating on the date of the actual payment from the amount which is not paid in time for each day of delay.

Owners and other legal owners of rooms in apartment houses and apartment houses in case of untimely and (or) incomplete payment of the gas consumed by them in case of receipt of utilities pay penalty fee in the amount of and procedure, established by the housing legislation.

In case of non-compliance with conditions of delivery agreements of gas by consumers of gas and service provision agreements on its transportation suppliers have the right to reduce or stop gas supply according to the procedure, established by the Government of the Russian Federation.

The government of the Russian Federation establishes criteria, in case of compliance to which consumers of gas have obligation of provision of ensuring obligation fulfillment on payment of the gas delivered under delivery agreements. In case of establishment of these criteria the Government of the Russian Federation proceeds from cases of non-execution or improper execution by consumers of gas of obligations on its payment. At the same time there is no obligation of provision of ensuring obligation fulfillment on payment at the consumers of gas who do not have unexecuted obligations on gas payment.

The obligation specified in part seven of this Article is not established concerning consumers of gas, being public authorities, local government bodies, state, autonomous and budgetary institutions, owners and users (legal owners) of apartment houses and rooms in apartment houses acting according to the housing legislation the management companies, condominiums, housing, building and other specialized consumer cooperatives created for the purpose of requirements satisfaction of citizens in housing.

Suppliers of gas shall determine the consumers of gas corresponding to the criteria established by the Government of the Russian Federation in the procedure provided by the Government of the Russian Federation and to notify them in terms and procedure which are established by the Government of the Russian Federation, about need of provision of ensuring obligation fulfillment on gas payment. In the notification sent to the consumer of gas the bases for emergence of obligation at it are specified to provide ensuring obligation fulfillment on gas payment, the term during which this providing shall be provided to the supplier of gas, and also the other information established by the Government of the Russian Federation.

If the consumer of gas before the expiration of the term of provision of ensuring obligation fulfillment specified in the notification on payment of gas eliminated the allowed violation of obligations on gas payment which formed the basis for emergence of obligation at it it is not required to provide ensuring obligation fulfillment, provision of such providing in connection with emergence of the bases specified in the notification.

The management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) in the procedure established by the Government of the Russian Federation in the information purposes provides forming and maintaining the list of consumers of gas in the subject of the Russian Federation concerning which suppliers of gas establish obligation of provision of ensuring obligation fulfillment on payment of the delivered gas.

Information on elimination by the consumer of gas of the allowed violations of obligations on payment of gas is considered when maintaining the list of the consumers of gas obliged to provide providing provided by this Article according to the procedure for forming and maintaining this list established by the Government of the Russian Federation.

If other is not approved by the parties, ensuring obligation fulfillment on payment of gas is provided by the consumers of gas corresponding to the criteria established by the Government of the Russian Federation and certain suppliers of gas according to this Article, in the form of the independent guarantee issued by bank (bank guarantee). The specified guarantee shall contain condition about impossibility of its response the guarantor (irrevocable guarantee) and condition about impossibility of its change by the guarantor without the consent of the beneficiary. The provided bank guarantees shall not contain requirements about provision by the supplier of gas to the guarantor for receipt of payment for guarantees of the court resolutions confirming non-execution or improper execution by the consumer of gas of the obligations provided with guarantees.

The bank guarantee provides execution of the obligations which arose after its issue on payment of the gas delivered under delivery agreements of gas.

Bank guarantees shall be provided by the bank included in the list of the banks answering the stipulated in Clause 74.1 Tax Code of the Russian Federation to requirements for adoption of bank guarantees for the purpose of the taxation.

In case of provision as ensuring obligation fulfillment on payment of gas of the bank guarantees corresponding to the conditions of provision of ensuring obligation fulfillment on gas payment established by the Government of the Russian Federation, the supplier of gas shall accept the specified guarantees as ensuring obligation fulfillment on gas payment.

By the consumers of gas specified in this Article in coordination with the supplier of gas the state or municipal guarantee or obligation fulfillment on payment of gas can be provided can be provided with the different ways provided by the law or the agreement.

The expenses of consumers of gas connected with provision of ensuring obligation fulfillment on gas payment are not considered in case of establishment (approval) for the specified consumers of gas in accordance with the legislation of the Russian Federation of the prices (rates) regulated by the state.

The term during which the obligation of the consumer of the gas corresponding to the criteria established by the Government of the Russian Federation and the gas determined by the supplier on provision of ensuring obligation fulfillment on gas payment is effective and the procedure for provision of the specified providing establishing including rules of determination of term and the amount on which ensuring obligation fulfillment, and also requirements to conditions of its provision is provided are established by the Government of the Russian Federation.

Violation of established procedure of provision of ensuring obligation fulfillment on payment of gas attracts the administrative responsibility in accordance with the legislation of the Russian Federation. According to the procedure, the specified violation established by the Government of the Russian Federation, data about go to federal executive body in the field of industrial safety to which competence the Government of the Russian Federation refers consideration of these data.

The bases and procedure for provision of ensuring obligation fulfillment on gas payment by the person delivering goods, rendering services in the field of heat supply with use of the leasable objects of heat supply which are in the state-owned or municipal property and also person, the declared winner of tender on right to contract of lease of such property are established by the Federal Law of July 27, 2010 No. 190-FZ "About heat supply".

In case of non-compliance with conditions of delivery agreements of gas by not disconnected consumers, gas acquisition by which it is financed by means of the federal budget or budgets of subjects of the Russian Federation responsibility for payment of supply of gas and rendering services in gas supply is assigned to the corresponding state customer.";

Article 30 to add 4) with part three of the following content:

"The federal executive body in the field of industrial safety authorized by the Government of the Russian Federation performs consideration of the data on the abuses of regulations of restriction of giving (delivery) and gas offtake approved by the Government of the Russian Federation which arrived in this body.".

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