Decor 

Calculation of the penalty under the heat supply contract. Calculation of the housing and communal services penalty for late payment of utilities: amount, when charged, calculator. Debt collection through the courts

The most acute moment in the relationship between utility consumers and their suppliers has been and remains the delay in payment. Management companies and resource-supplying organizations directly depend on payments from the population.

If the amount of debt becomes critical, it can simply lead to the bankruptcy of the company. Therefore, fines against non-payers - penalties - only grow every year.

In simple terms, a penalty is a penalty that is charged from the debtor because he has a large delay in utility payments.

The size of the fine differs depending on the period during which the consumer of services does not pay for them. Also for different types consumers operate their own systems for calculating penalties.

How fees have changed in 2016

A penalty is a penalty for non-payment of utility bills for more than 1 month

In November 2015, Federal Law No. 307-FZ was adopted, which amends the calculation of penalties for late payment of utility bills. The changes came into force on January 1, 2016 and are generally aimed at improving the discipline of consumers of housing and communal services.

Energy suppliers hope that the amendments will significantly increase the collection of money for housing and communal services. As before, only malicious debtors will be subject to penalties - those who are more than a month late in payment. That is, you have 30 days to pay the invoice on the receipt.

Terms of accrual and penalties

For an individual - that is, for most consumers of utilities - the amount of the penalty will depend on exactly how many days the payment was not made. It used to be like this: penalties were charged if you did not pay by the 10th day of the month following the month of accrual. Now the following scheme is in effect:

  • from the 31st to the 90th day of payment, the amount of the penalty will be the same as before - 1/300 of the Central Bank refinancing rate for each day of delay;
  • from 91 days, the interest will increase to 1/130 of the refinancing rate.

We say "refinancing rate" for convenience, but since January 1, this concept has become obsolete. The Bank of Russia has combined the refinancing rate with the key rate, which is currently 7.25% (the rate changes periodically, and we may not be able to keep track of this, so please check the current rate separately on the Internet). It is this figure that is used in the calculation of penalties.

Calculation examples for the new system

For ordinary owners of apartments and private houses, the following schemes for calculating penalties are relevant:

The amount of the penalty depends on the number of days when payment was not made.

  1. For example, you owe the management company 6,000 rubles. Starting from the 31st day of delay in payment, you will be charged daily interest in the amount of 6000 * 0.11 * 1/300 = 2.2 rubles. That is, for the first three months (including the first "preferential" month) you will "drip" 132 rubles of penalty.
  2. Starting from the 91st day, the penalty rate rises to 1/130 of the rate. If we count all the same 6,000 rubles, then in the fourth month you will already be charged 5.08 rubles a day. That is, for the fourth and each subsequent month you will have to pay 152.4 rubles. Thus, penalties for late payments of six months will amount to almost 590 rubles. However, do not forget that all these months you will be charged new utility bills. And if you do not pay for them, then the amount of the penalty will increase significantly.

Penalty differentiation

As already mentioned above, the penalty for delaying utility payments varies depending on the legal status of the consumer of housing and communal services. For management companies, individuals, legal entities, HOAs and building cooperatives, they will be different.

For example, for heat supply organizations, water supply and sanitation enterprises, management companies, the fines will be as follows:

  • from 1 to 60 days of delay in payment - 1/300 of the refinancing rate (key);
  • from 61 to 90 days - 1/170 of the rate;
  • from 91 days onwards - 1/130 of the refinancing rate of the Bank of Russia.

For legal entities, not associated with the above industries, homeowners associations, housing construction cooperatives, the penalty will be the same - 1/130 of the refinancing rate, starting from the first day.

If you have an advance payment system for housing and communal services, then the specific terms for calculating penalties may differ. It is best to clarify them with your service organization - UK or HOA.

What else did the new law bring

In addition to charging penalties, utilities can also be turned off for non-payment

In addition to changing the system for accruing and collecting penalties for late payment of utilities, amendments to the legislation touched on another measure of punishment for violators.

As you know, in addition to penalties, resource-supplying organizations have the right to limit or completely stop the supply of electricity, heat, water and gas. Of course, before cutting off the consumer from the energy source, there will be several warnings.

Usually the first action is to turn off the light in an apartment, a private house or an entire building. There are frequent cases when, after a visit by an electrician and cutting wires, residents arbitrarily connect. Such actions are a violation not only current legislation but also safety precautions. Therefore, amendments to the law significantly increased the penalties for such arbitrariness.

Now, if an independent connection to electricity and heating networks was recorded, the fines will be:

  • for individuals - 10-15 thousand rubles (it was 3-thousand);
  • for officials, the penalty increased to 30-80 thousand rubles;
  • legal entities will have to pay from 100 to 200 thousand rubles for arbitrariness.

Can penalties be avoided?

In some situations, penalties for late utility payments can be avoided. If you have to leave the city for a long time, then you should first visit the management company and write a corresponding application. After that, you will not be charged penalties if the apartment is really empty.

This deferral is only valid for six months. If you plan to leave for a longer period, then the next application can be sent by mail.

Remember that you will be recalculated only for electricity, water, gas and sewerage. You will still have to pay for heating and maintenance of common areas.

The recalculation and cancellation of the penalty can be done even after you have left for a long time. But here you can not hesitate: according to the law, an application can be written only within a month after your return. In addition, as confirmation of your absence, you must provide evidence: travel documents, a certificate of sanatorium treatment, etc.

1. Consumers of thermal energy purchase thermal energy (capacity) and (or) heat carrier from a heat supply organization under a heat supply agreement.

2. In the heating system:

1) the unified heat supply organization determined by the heat supply scheme is obliged to conclude a heat supply agreement with any applied heat energy consumer whose heat-consuming installations are located in this heat supply system;

2) a person who owns heat energy sources by right of ownership has the right to conclude long-term heat supply contracts with consumers;

3) a person who owns, on the basis of ownership or other legal grounds, sources of heat energy, has the right to conclude heat supply contracts with consumers in cases established by the rules for organizing heat supply, approved by the Government Russian Federation.

3. The unified heat supply organization and heat supply organizations owning heat energy sources and (or) heat networks in the heat supply system on the basis of ownership or other legal grounds are obliged to conclude contracts for the supply of heat energy (capacity) and (or) heat carrier in relation to the volume of heat load, distributed in accordance with the heat supply scheme. The contract for the supply of heat energy (capacity) and (or) heat carrier is concluded in the manner and on the terms that are provided for by this Federal Law for heat supply contracts, taking into account the specifics established by the rules for organizing heat supply, approved by the Government of the Russian Federation.

4. Heat supply organizations, including the unified heat supply organization, and heat network organizations in the heat supply system are obliged to conclude contracts for the provision of services for the transfer of heat energy and (or) heat carrier in the amount necessary to ensure heat supply to consumers of heat energy, taking into account losses of heat energy, heat carrier at their transfer. The costs of ensuring the transfer of thermal energy and (or) heat carrier through thermal networks are included in the tariff for thermal energy sold by the heat supply organization to consumers of thermal energy, in the manner established by the pricing principles in the field of heat supply, approved by the Government of the Russian Federation.

5. The place of fulfillment of the obligations of the heat supply organization is the point of delivery, which is located on the border of the balance belonging of the heat-consuming installation or heat network of the consumer and the heat network of the heat supply organization or heat network organization or at the point of connection (technological connection) to the ownerless heat network.

6. In case of identification of ownerless heat networks (heat networks that do not have an operating organization), the local government before recognizing the ownership of these ownerless heating network within thirty days from the date of their discovery, is obliged to determine the heat network organization, the heat networks of which are directly connected to the indicated ownerless heat networks, or a single heat supply organization in the heat supply system, which includes the indicated ownerless heat networks and which maintains and services the specified ownerless heat networks. The regulatory body is obliged to include the costs of maintaining and maintaining ownerless heating networks in the tariffs of the relevant organization for the next period of regulation.

(see text in previous edition)

7. The heat supply contract is public for a single heat supply organization. A single heat supply organization is not entitled to refuse a heat consumer to conclude a heat supply contract, provided that the said consumer complies with the technical conditions for connection (technological connection) of objects belonging to him issued in accordance with the legislation on urban planning activities capital construction(hereinafter - technical conditions).

(see text in previous edition)

8. The terms of the heat supply contract must comply with the technical specifications. The heat supply contract must determine:

1) the volume of thermal energy (capacity) and (or) heat carrier to be supplied by the heat supply organization and purchased by the consumer;

2) the value of the heat load of heat-consuming installations of the consumer of thermal energy, the parameters of the quality of heat supply, the mode of consumption of thermal energy;

3) authorized officials of the parties responsible for the fulfillment of the terms of the contract;

4) responsibility of the parties for non-compliance with the requirements for the quality parameters of heat supply, violation of the mode of consumption of thermal energy, including responsibility for violation of the conditions on the quantity, quality and values ​​of the thermodynamic parameters of the returned heat carrier;

5) the responsibility of consumers for non-fulfillment or improper fulfillment of obligations to pay for thermal energy (capacity) and (or) heat carrier, including obligations for their advance payment, if such a condition is provided for by the contract;

6) the obligations of the heat supply organization to ensure the reliability of heat supply in accordance with the requirements of technical regulations and with the rules for organizing heat supply, approved by the Government of the Russian Federation, and the corresponding obligations of the consumer of heat energy;

7) other essential conditions established by the rules for the organization of heat supply, approved by the Government of the Russian Federation.

9. Payment for thermal energy (capacity) and (or) heat carrier is carried out in accordance with the tariffs established by the regulatory body, or prices determined by agreement of the parties, in cases provided for by this Federal Law.

9.1. A consumer of thermal energy who has not paid in time and (or) not in full for thermal energy (capacity) and (or) heat carrier under a heat supply agreement is obliged to pay a penalty to the unified heat supply organization (heat supply organization) in the amount of one hundred and thirty refinancing rate of the Central Bank of the Russian Federation, effective on the day actual payment, from the amount not paid on time for each day of delay starting from the next day after the day of occurrence due date payment on the date of actual payment.

9.2. Associations of homeowners, housing, housing construction and other specialized consumer cooperatives established to meet the needs of citizens in housing, acquiring thermal energy (capacity) and (or) heat carrier for the purpose of providing public services, in case of late and (or) incomplete payment heat energy (capacity) and (or) heat carrier shall be paid to the unified heat supply organization (heat supply organization) penalties in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay starting from the thirty-first of the day following the day of the due date of payment, to the day of actual payment made within ninety calendar days from the date of the due date of payment, or until the expiration of ninety calendar days after the day of the due date of payment, if on ninety days wed ok payment not made. Starting from the ninety-first day following the day of the due date of payment, until the day of actual payment, penalties are paid in the amount of one hundred and thirteenth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay.

ConsultantPlus: note.

Ch. 9.3 Art. 15 (as amended by N 273-FZ of July 29, 2017) applies to contracts for the supply of heat energy (capacity) and (or) heat carrier, contracts for hot water supply, contracts for the supply of hot water concluded before August 10, 2017.

9.3. Management organizations acquiring thermal energy (capacity) and (or) heat carrier for the purpose of providing public services, organizations providing hot water supply, cold water supply and (or) sanitation under hot water supply contracts and hot water supply contracts, as well as heat supply organizations acquiring thermal energy (power) and (or) coolant under the contract for the supply of thermal energy (power) and (or) coolant, in case of untimely and (or) incomplete payment of thermal energy (power) and (or) coolant shall be paid to a single heat supply organization (heat supply organization) penalties in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay, starting from the day following the day of the due date of payment, until the day of actual payment made within sixty calendar days days from the day of the due date of payment, or before the expiration of sixty calendar days after the day of the due date of payment, if payment is not made within sixty days. Starting from the sixty-first day following the day of the due date of payment, to the day of actual payment made within ninety calendar days from the date of the due date of payment, or until the expiration of ninety calendar days after the day of the due date of payment, if payment is made within ninety days not made, penalties are paid in the amount of one hundred and seventieth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay. Starting from the ninety-first day following the day of the due date of payment, until the day of actual payment, penalties are paid in the amount of one hundred and thirteenth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay.

(see text in previous edition)

9.4. Owners and other legal owners of premises in apartment buildings and residential buildings in the event of late and (or) incomplete payment for thermal energy consumed by them when receiving public services, pay penalties in the amount and in the manner established by housing legislation.

10. Heat supply to consumers is carried out in accordance with the rules for organizing heat supply, which are approved by the Government of the Russian Federation and must contain:

1) essential terms of the heat supply contract;

2) the procedure for organizing the conclusion of contracts between heat supply organizations and heat network organizations operating within the same heat supply system;

3) the procedure for limiting and stopping the supply of thermal energy to consumers in case they fail to fulfill their obligations to pay for thermal energy (capacity) and (or) heat carrier;

4) the procedure for limiting and stopping the supply of thermal energy to consumers in case of violation of the terms of the agreement on the quantity, quality and values ​​of the thermodynamic parameters of the returned heat carrier and (or) violation of the mode of consumption of thermal energy, significantly affecting the heat supply to other consumers in this heat supply system, as well as in case non-compliance with established technical regulations, rules technical operation heat supply facilities and heat-consuming installations of mandatory requirements safe operation heat-consuming installations;

(see text in previous edition)

5) essential terms of contracts for the provision of services for the transfer of heat energy;

6) the procedure for concluding a heat supply contract if the premises located in the same building belong to two or more persons or are used by them;

7) the procedure for settlements under a heat supply contract and contracts for the provision of services for the transfer of heat energy;

8) features of the organization of heat supply in the presence of the possibility of controlling the flows of thermal energy, heat carrier in the heat supply system, in which sources of thermal energy are owned by right of ownership or other legal grounds to three or more persons;

9) the procedure for determining thermal energy consumers and heat supply organizations obliged to provide security for the fulfillment of obligations to pay for thermal energy (capacity) and (or) heat carrier supplied under heat supply contracts, heat supply and hot water supply contracts, contracts for the supply of thermal energy (capacity) and ( or) coolant, and the procedure for providing the said security, which establishes, among other things, the rules for determining the period and amount for which the security for the fulfillment of obligations is provided, as well as the requirements for the conditions for its provision;

10) features of the organization of heat supply in heat supply price zones, taking into account the provisions of Chapter 5.1 of this Federal Law, including:

a) the procedure for the fulfillment by a single heat supply organization of obligations to comply with the values ​​of heat supply quality parameters and parameters reflecting allowable interruptions in heat supply;

b) the procedure for reducing the amount of payment for thermal energy (capacity) by a single heat supply organization in case of non-compliance with the values ​​of parameters of heat supply quality and parameters established by the parties to the agreement and parameters reflecting permissible interruptions in heat supply, including the formula for reducing the amount of payment for thermal energy (capacity), the procedure for the consumer to apply to a unified heat supply organization for the specified reduction in the amount of payment for thermal energy (capacity), cases in which the specified reduction in the amount of payment for thermal energy (capacity) is not made; Part 6 of Article 4.2 of this Federal Law.

11. Heat grid organizations or heat supply organizations acquire thermal energy (capacity), heat carrier in the amount necessary to compensate for the loss of heat energy in the heat networks of such organizations from a single heat supply organization or compensate for these losses by producing heat energy, heat carrier by sources of heat energy belonging to them on the right of ownership or other legal basis and connected (technologically connected) to one heat supply system.

(see text in previous edition)

Every time when utility bills arrive, we carefully study how much we have to pay for heat, electricity, water, garbage, overhaul and other benefits of civilization. And if we suddenly see the word "penalty", we begin to resent, not understanding where it came from. Let's figure out when and how utility bills are calculated in 2019.

What is and how interest on utility bills arise (2019)

By law, consumers must pay for housing and utilities on a monthly basis no later than the 10th day of the month following the expired one. Decision general meeting members of an HOA (another cooperative of residents) or an agreement with management company a different term for payment for consumed services may be established. If you do not pay or pay less, penalties will begin to accrue on the debt - fines calculated in a certain way for failure to fulfill the obligation to pay.

Consumers should be aware that utility charges (2018) can only be charged in cases provided for by law. And from the point of view of the law (cf. Art. 154 ZhK RF and Decree of the Government of the Russian Federation of 06.05.2011 N 354), utilities (resources) are:

The housing fee includes:

  • contributions to overhaul;
  • payment for house management services (in high-rise buildings);
  • content and Maintenance common property in the house;
  • the cost of communal resources consumed in the use and maintenance of common property.

Thus, a fine can be charged only if there are debts for the above fees. A penalty for an intercom, antenna or Internet not paid on time is illegal. If you become indebted for such an additional service, the provider may terminate your service upon notice. But all the details about this procedure should be carefully described in the contract.

Basic principles for calculating the penalty

To the debtor - to an individual calculated penalties for utilities from 2019, he must not pay at least 1 month. According to paragraph 14 of Art. 155 ZhK RF, fines are accrued from the 31st day following the last day of the established payment deadline. The penalty is 1/300 of the refinancing rate set by the Central Bank of the Russian Federation. The calculated amount will be automatically entered into the receipt along with the debt and the current payment within 90 calendar days. If three months is not enough for the debtor to complete the settlement, he will have to pay 2 times more: from the 91st day, settlements are made taking into account 1/130 of the rate of the Central Bank of the Russian Federation.

Recall that the refinancing rate, which in question, is now equated to the key rate of the Central Bank of the Russian Federation, which is reviewed by the financial regulator at least once a quarter. From 12/17/18, this figure is 7.75%.

The above amounts of the penalty concerned only debts for utility bills. In case of incomplete or untimely payment of contributions for major repairs, the amount of the fine is 1/300 of the rate of the Central Bank of the Russian Federation. It is also charged from the 31st day of delay, but its size does not increase, regardless of when the payer repays the debt. This is spelled out in clause 14.1 of Art. 155 ZhK RF.

Note that it is forbidden for creditors to increase the amount of penalties. In addition, additional interest cannot be charged on the penalty. This stems from paragraph 5 of Art. 395 of the Civil Code of the Russian Federation.

Calculation of penalties in 2019: examples and explanations

To make it clear how the penalty is calculated, we take the following initial data:

  • Debtor - Ivanov I.I.
  • The amount of the debt is 1000 (one thousand) rubles
  • The deadline for paying for utilities is the 10th of the next month
  • The month for which payment was not received is July 2018.
  • The Central Bank rate from March 2 to September 16 is 7.25%, from September 17 - 7.5%, and from December 17 - 7.75%.
  • Current payments - made on time and in in full, new debts do not accumulate
  • Penalty amount for delay of 7 months (until March 9, 2019) - ?

Ivanov had to pay for July no later than 10 August. But he had no money to pay the debt. The penalty begins to be calculated from the 31st day of delay, that is, from September 10, 2018. At that time, the refinancing rate was 7.25%. The amount of the fine is 1/300 of the rate, that is, 0.024% will be charged daily on the debt (7.25% / 300 = 0.024%). Thus, from September 10 to September 16 (7 days), the penalty for Ivanov will be:

7 days x 0.024% x 1000 rubles = 1.68 rubles

On September 17, the rate of the Central Bank of the Russian Federation increased to 7.5%. Therefore, for non-payment of the debt on October 10, 2018, Ivanov will be counted more:

24 days [from September 17 to October 10, inclusive] x 0.025% x 1000 rubles = 6 rubles.

1.68 + 6 = 7.68 rubles.

Suppose that Ivanov will not be able to pay off in the next three months. Since from the 31st to the 90th day inclusive, the penalty is calculated taking into account the rate of 1/300, then from October 11 to December 9, 2018 (provided that the main indicators do not change during this period), the following will be additionally calculated:

60 days x 0.025% x 1000 rubles = 16.5 rubles.

In the future, the fines will increase. From the 91st day, 1/130 of the rate of the Central Bank of the Russian Federation should be used in calculations. Let's assume that it remains at the level of 7.75%, and calculate the amount of the penalty for another 3 months (from December 10, 2018 to March 9, 2019, inclusive). It will be:

90 days x 0.06% x 1000 rubles = 54 rubles.

Such simple calculations showed that with a debt of 1 thousand, a little less than 80 rubles will be charged for a delay of 6 months (7.68 + 16.5 + 54 = 78.18 rubles). The amount is indicative and may change if key indicators are revised.

penalties

According to the Housing Code of the Russian Federation, payment for housing and utilities must be paid monthly by the 10th day of the month - for the previous one (unless a different period is established by the apartment building management agreement). From the 11th day of the new month, penalties are applied - penalties.

General rules:

Penalties are charged only on arrears in payment of housing and utilities. For additional services ("antenna", "intercom") penalties are not charged. Also, new penalties are not charged on the amount of penalties.

If payment is made on time, but partially, interest will be charged on the remaining amount of the debt. First of all, the funds come from the payment of housing and utilities. The rest of the money will be used to pay interest.

Penalties are charged on the amount of unpaid debt for the entire period of its existence. The outstanding amount of penalties is added to the amount of penalties in the receipt for the next month.

Until January 1, 2016, residents who did not pay their housing and utilities on time or in full were required to pay penalties in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force at the time of payment.

If the refinancing rate changed, the size of penalties also changed.

Thus, in the period from September 14, 2012 to December 31, 2015, the refinancing rate set by the Central Bank of the Russian Federation was 8.25%.

Example: according to the receipt for January 2015, it is necessary to pay 3581.29 rubles.

On February 8, 2015, an amount of 3,100 rubles was paid.

Thus, a debt in the amount of 481.29 rubles was formed on the Subscriber's personal account. (3581.29 rubles - 3100.00 rubles) for the period from 02/11/2015 to 02/21/2015 (the receipt date for February).

Penalties are accrued as follows: 481.29 rubles. (amount of debt) x 11 days (number of days of overdue debt, i.e. from February 11, 2015 to February 21, 2015) x 0.00028 \u003d 1.48 rubles.

Federal Law No. 307-FZ* dated November 3, 2015 (hereinafter referred to as Federal Law No. 307) amended the article of the Housing Code that regulates the procedure for calculating the amount of penalties. These changes came into force on 01/01/2016.

Now, in case of violation of the deadline for making payments for residential premises and utilities or paying fees not in full, penalties are charged in the following amounts:

From 1 to 30 days - not charged.

From 31 days to 90 days of delay in the amount of 1/300 of the refinancing rate;

From the 91st day, the debtor is charged interest in an increased amount - 1/130 of the refinancing rate.

Examples:

From January 11, 2016, 30 days are counted (during this period from January 11 to February 9, 2016 inclusive, no interest is charged).

From February 10, 2016 (from the 31st day to the 90th day), penalties are charged in the amount of 1/300 of the refinancing rate (penalties in the indicated amount are accrued from February 10 to April 9, 2016 inclusive).

Starting from April 10, 2016 (from the 91st day) and the following days until the day of actual payment, penalties are charged in the amount of 1/130 of the refinancing rate.

2. Calculation of the amount of penalties for debts incurred since September 11, 2015 (and earlier)

Payment term - until September 10, 2015, as of September 10, 2015, payment has not been made (payment has not been made after January 1, 2016).

From September 11 to December 31, 2015, penalties are charged in the amount of 1/300 of the refinancing rate (in accordance with part 14 of article 155 of the RF LC in the version in force at that time).

From January 1, 2016 to the day of actual payment, penalties are charged in the amount of 1/130 of the refinancing rate (in accordance with part 14 of article 155 of the RF LC in the version of Federal Law No. the period of delay exceeds 90 days from the date of payment due.

Payment deadline - until October 10, 2015, as of October 10, 2015, payment has not been made (payment has not been made after January 1, 2016).

From October 11 to December 31, 2015, penalties are charged in the amount of 1/300 of the refinancing rate (in accordance with part 14 of article 155 of the RF LC in the version in force at that time).

From January 1 to January 8, 2016, penalties in the amount of 1/300 of the refinancing rate continue to be accrued (in accordance with part 14 of article 155 of the RF LC in the version of Federal Law No. the period of delay exceeds 30 days, but does not exceed 90 days from the date of payment due.

Starting January 9, 2016 (91st day after the due date of payment), penalties are charged in the amount of 1/130 of the refinancing rate until the day of actual payment.

Payment deadline - until November 10, 2015, as of November 10, 2015, payment has not been made (payment has not been made after January 1, 2016).

From November 11 to December 31, 2015, penalties are charged in the amount of 1/300 of the refinancing rate (in accordance with part 14 of article 155 of the RF LC in the version in force at that time).

From January 1 to February 8, 2016, penalties continue to accrue in the amount of 1/300 of the refinancing rate (in accordance with part 14 of article 155 of the RF LC in the version of the Federal Law No. the period of delay exceeds 30 days, but does not exceed 90 days from the date of payment due.

From February 9, 2016 (91st day after the due date of payment), penalties are charged in the amount of 1/130 of the refinancing rate until the day of actual payment.

Payment deadline - until December 10, 2015, as of December 10, 2015, payment has not been made (payment has not been made after January 1, 2016).

From December 11 to December 31, 2015 (21 days), penalties are charged in the amount of 1/300 of the refinancing rate (in accordance with part 14 of article 155 of the RF LC in the wording in force during this period).

From January 1 to January 9, 2016 (9 days), no penalties are charged (in accordance with part 14 of article 155 of the RF LC in the version of Federal Law No. 307 in force from January 1, 2016 - penalties are not charged within 30 days from the date of payment).

From January 10, 2016 (the 31st day from the date of payment) to March 9, 2016 (from the 31st to the 90th day), interest continues to accrue in the amount of 1/300 of the refinancing rate.

Starting from March 10, 2016 (91st day after the payment deadline was missed), penalties are charged in the amount of 1/130 of the refinancing rate until the day of actual payment.

Overhaul

The Housing Code of the Russian Federation defines a separate procedure for calculating penalties for capital repairs contributions. By analogy with utilities, interest is charged not from the first day of non-payment or incomplete payment of accruals for major repairs, but from the thirty-first day.

In accordance with the instructions of the Bank of Russia**, from January 1, 2016, the value of the refinancing rate is equal to the value of the key rate of the Bank of Russia, determined on the corresponding date.

Accrual of penalties in accordance with Part 14, Part 14.1 of Art. 155 of the Housing Code of the Russian Federation is carried out based on the size of the key rate of the Bank of Russia, which today is 7.75%.

* Federal Law No. 307-FZ dated November 3, 2015 “On Amendments
into separate legislative acts Russian Federation in connection with the strengthening of the payment discipline of consumers of energy resources”.

Light / Power outage

In 2016, Russia tightened sanctions for non-payers for utilities and resources. Now accumulating debts for electricity has become even less profitable. Late fees increase proportionally depending on how much the payment of the energy resource is delayed.

How is the penalty for electricity arrears calculated?

The legislation establishes the following procedure: the presence of an unpaid invoice during the first month remains without consequences, but from the second month penalties are charged.”

Suppose a consumer has accumulated a debt of five thousand rubles, the delay was 150 days. The refinancing rate of the Central Bank today is 9%. No interest is charged for the first 30 days.

For the next 60 days, penalties are calculated as follows: 5000 (the amount of the debt) is multiplied by 60 (the number of days of delay), the resulting number is multiplied by 9 (the refinancing rate) and divided by 300. The final number is obtained in kopecks, so it must be divided by 100. Penalty will be 90 rubles.

If the delay exceeds 150 days, then over the next 60 days the amount of the penalty will more than double: you need to divide the resulting number not by 300, but by 130. If you add charges for monthly electricity consumption here, then the amount of debt can be very impressive.

Under what conditions can electricity be turned off for debts?

If the consumer ignores payment, the resource provider has the right to apply to the courts. According to the court, not only the main debt is collected, but also legal costs, that is, in addition to the main debt, the client will also have to pay state duty.

If the debt for electricity exceeds the sum of two monthly fees calculated on the basis of the consumption standard, the energy retail company has the right to limit the supply of electricity. This rule applies to all clients, regardless of the presence of a meter. That is, if a consumer uses electricity more than twice the norm in a month, he can be disconnected from the network as early as next month if he does not pay on time.

"Normative" is an average indicator, and, as a rule, it differs from actual consumption, is set by regional authorities and may differ in different subjects of the federation. For example, in the Moscow region, For two people living in two-room apartment in the house with gas stoves, it is 88 kilowatt-hours per person.

The amount of debt due to which residents can turn off electricity is calculated as follows:

88 kilowatt-hours (standard) is multiplied by two (number of residents), multiplied by two months, then multiplied by the tariff (5.04 rubles per kilowatt-hour).

It turns out 1774.08 rubles. If the amount of the debt exceeds this number, the energy supply company has the right to limit or disconnect the apartment from the energy supply.

It is possible to return electricity only after paying the debt and expenses of the grid organization for carrying out technical measures to disconnect / connect the facility to the power grid. Depending on the distance, the type of restriction and the complexity of the work, the amount can range from one to six thousand rubles.

Also, persistent non-payers can seize or seize property, seize funds in bank accounts, including credit cards. In addition, debtors will not be able to travel abroad or get a bank loan.