ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 4, 2017 No. 139

About introduction of amendments to some acts of the Government of the Russian Federation concerning ensuring obligation fulfillment on payment of energy resources

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to acts of the Government of the Russian Federation concerning ensuring obligation fulfillment on payment of energy resources.

2. Determine that:

a) in case of determination of compliance of consumers of electrical energy whose restriction of the mode of consumption of electrical energy can lead to economic, ecological or social effects and which categories are provided by appendix to the Rules of complete and (or) partial restriction of the mode of consumption of electrical energy approved by the order of the Government of the Russian Federation of May 4, 2012 No. 442 "About functioning of the retail markets of electrical energy, complete and (or) partial restriction of the mode of consumption of electrical energy" to the criterion established by the changes approved by this resolution the debt on payment of electrical energy (capacity) on obligations which completion date came about day of entry into force of this resolution is not considered;

b) in case of determination of compliance of buyers of gas to the criterion established by the changes approved by this resolution the debt on payment of gas on obligations which completion date came about day of entry into force of this resolution is not considered;

c) in case of determination of compliance of consumers of heat energy, the heatsupplying organizations to the criterion established by the changes approved by this resolution the debt on payment of heat energy (capacity) and (or) the heat carrier on obligations which completion date came about day of entry into force of this resolution is not considered;

d) in case of determination of compliance of consumers of services in transfer of electrical energy to the criterion established by the changes approved by this resolution the debt on fee on transfer of electrical energy on obligations which completion date came about day of entry into force of this resolution is not considered.

Approved by the Order of the Government of the Russian Federation of February 4, 2017 No. 139

Changes which are made to acts of the Government of the Russian Federation concerning ensuring obligation fulfillment on payment of energy resources

1. The rules of supply of gas in the Russian Federation approved by the order of the Government of the Russian Federation of February 5, 1998 No. 162 "About approval of Rules of supply of gas in the Russian Federation" (The Russian Federation Code, 1998, No. 6, Art. 770; 2005, No. 51, Art. 5526; 2010, No. 20, Art. 2466; 2011, No. 49, Art. 7281; 2012, No. 14, Art. 1638; 2013, No. 32, Art. 4328; 2014, No. 26, Art. 3566; 2015, No. 31, Art. 4677; 2016, No. 49, of the Art. 6911) to add with the Section VII (1) the following content:

"VII (1). Procedure for determination of the buyers obliged to provide ensuring obligation fulfillment on payment of the gas delivered under the delivery agreement of gas signed with the supplier and procedure for provision of such providing

40(1). The buyer shall provide to the supplier ensuring obligation fulfillment on payment of the gas delivered under the delivery agreement of gas if the buyer did not perform or inadequate image fulfilled obligations on gas payment to the supplier and it led to formation of debt to the supplier on payment of gas in the amount of, equal to the double size of average monthly size of obligations of the buyer on payment of gas or exceeding such double size.

In case of determination of compliance of the buyer (except for the heatsupplying organization) to the criterion established by paragraph one of this Item the debt to the supplier on gas payment confirmed with the judgment which took legal effect or recognized by the buyer is considered.

In case of determination of compliance of the buyer - the heatsupplying organization to the criterion established by paragraph one of this Item the size of debt of the heatsupplying organization to the supplier on gas payment increased by coefficient by 0,6, confirmed with the judgment which took legal effect or recognized as the heatsupplying organization is considered.

The documents testimonial of recognition by the buyer of debt to the supplier, documents which contain obviously expressed consent of the buyer with the fact of availability of debt to the supplier and with the size of such debt (the agreement between the supplier and the buyer, the reconciliation statement of mutual calculations, the letter signed by the authorized person of the buyer or other document) are.

For the purpose of application of these rules the average monthly size of obligations on payment of gas (Robyaz) is determined by the supplier by formula:

where:

Spost - the gas cost specified in invoices for payment of actually consumed gas or in other payment documents exposed by the supplier to the buyer for settlement periods for which at the buyer the debt to the supplier specified in paragraph one of this Item confirmed with the judgment which took legal effect or recognized by the buyer was formed;

n - the number of months in the period for which the cost of gas (Spost) is determined and for which at the buyer the debt to the supplier specified in paragraph one of this Item confirmed with the judgment which took legal effect or recognized by the buyer was formed.

40(2). The supplier determines the buyer corresponding provided by paragraph one of Item 40 (1) these rules to criterion and sends it the notification on obligation to provide ensuring obligation fulfillment on gas payment by the method allowing to confirm the fact and the date of receipt of the notification.

The notification on obligation to provide ensuring obligation fulfillment on payment of gas goes in time, not exceeding 6 months from the date of emergence of debt, in the presence of which according to Item 40 (1) these rules the buyer shall provide to the supplier ensuring obligation fulfillment on gas payment.

The specified notification shall contain the following information:

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