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Procedure for collecting debt for utilities. New Rules Challenge Rules. What methods of pressure in debtors are used

Each owner of the apartment is obliged to make payments for the content of housing. Their number includes rent, light, gas, water, water, heat. However, if the amount listed above is not deducted for a long time, then there is a need to recover utility bills in compulsory.

In this regard, it is worth noting that in the summer of 2016, changes were made to the legislation, thanks to which the LCA debts can be recovered in the court under simplified procedure.

Considering that for utilities, the fight against debt is a problem, then in this material we will tell about how and how, to deal with debtors and get money for the LCA.

In this article:

How to recover duty for utility bills

Many resource-supplying organizations, managers and HOA prefer and use a pre-trial procedure for recovering utility bills.

In this case, time will save, as well as money that can be spent on legal costs. Within the framework of this procedure, the debtor is sent notifications about housing and communal services, as well as telephone reminders.

However, it is not always possible to get a debt in this way. Then you need to contact the court. Currently exists new order Debt over communal payments, which can be carried out in order of ordinary production.

At the same time, it is worth paying attention to the fact that, unlike other categories of cases, the court order is issued regardless of the amount of obligations on the recovery of communal payments.

To get it, the lender organization should apply to the court at the place of registration (registration) of the debtor.

The status of the court will depend on who is the debtor, if an individual, then you need to go to the world court, and if entity, In the arbitration.

To do this, it is enough to apply for issuance judicial order On recovery of debt for utility payments, and the court will make the appropriate court order. With this approach to solving the issue, the size of the state duty will be twice as smaller compared to the usual suit.

The procedure for consideration of the case on issuing an order for the LCA

The simplified recovery of debt on utility payments is characterized by the fact that neither the applicant nor the opposite party has debts for utilitiesare not called at the court hearing.

Just an arbitration court or a global judge for 5 days take the appropriate document and send it to the participants of the process by mail.

The order appears not only the amount of the main debt, but also a penalty accrued for the delay in making utility bills. Therefore, do not forget to indicate the size of the penalty in the application for the issuance of the order.

Unlike the statement of claim, the debtor is unfamiliar with the content of the application for the judicial order. It is put before the fact about the recovery of debt and its size. Further, the person must solve independently, pay for utility bills, or try to challenge the judicial order.

However, it should be remembered that this provides a special mechanism. In contrast to the recovery of debt as part of the claim, there is another sequence of actions to cancel the judicial order. In particular, the order for an appeal or cassation is not served.

What to do with judicial order

To ensure that the debtor was able to challenge him 10 days from the date of receipt of the document text. The court may consider a statement on the abolition of a court order as in the presence of the Parties and without them. According to the results, the definition is made.

If the order is canceled, the communal service should be prepared for the recovery of communal payments. It is subject to consideration by general rules of the Civil Process.

If the order came into force, then it must be submitted to the service of bailiffs at the place of registration of the debtor. Next will be initiated procedure executive proceedings.

Important moments when submitting a claim for recovery of debt on housing and communal services

To solve for yourself the problem, how to recover debts on utility payments, organization is important to properly approach the preparation of the claim.

In particular, it should be indicated in it:

The amount of debt is broken down by periods.
Data on the payments received from the defendant.
The amount of accrued penalties for violation of utility bills.

Based total amount The requirements are calculated by the state duty.

The reasonable calculation of housing and utilities debt is applied to the claim, as well as other evidence confirming the existence of debt. They may include a claim and pre-trial with the recipient of utilities.

Be sure to consider that the recovery period for utility payments is 3 years, which is within the limits of the total deadlines of limitation. It may well be that in terms of the amount it is already expired. Therefore, this circumstance cannot be forgotten during the upcoming trial.

As soon as the decision on the claim enters into force, then the debts on utility payments should be obtained performance list.

It is transferred to the bailies that will take the recovery of the awarded amounts due to the income or property of the debtor.

Organization of work on recovery of housing and utilities debt

The current edition of the Code of Civil Procedure of the Russian Federation makes it possible to recover utilities, both on the basis of the court order and on the basis of the decision of the court for the recovery of housing and utilities debt. By the way, the same applies to unpaid accounts for the phone or mobile communications.

The court order is made without inviting the parties to the court and soon it may be a reason for the work of the baits. As for the claims, it can delay up to two months. Plus to all, a certain time can go on enforcement proceedings.

Therefore, in some cases, it is important to competently build work with the debtor. You can invite it to the utilities in order to verify the current debt, and determine the order of its repayment. It is possible that as a result of the negotiations, it will be possible to make installments of payment.

It is also important to constantly conduct an inventory of utility debts. So you can protect yourself from risk to skip lawsuit.

To do this, the organization must have a corresponding division and specially designed instructions, such as.

Updated 07.12.2017 10:04.

Note. Please note that from 01.06.2016 the requirement for recovery of debt on the payment of residential premises and utilities can be considered in order of ordinary production in accordance with the rules of ch. 11 Code of Civil Procedure of the Russian Federation (Federal Law of 02.03.2016 N 45-FZ).

According to the new rules, the judicial order is issued if the requirement for recovery of debt on paying for residential premises and utilities, as well as telephone services (Article 122 of the Code of Civil Procedure of the Russian Federation as amended by the Federal Law of 02.03.2016 N 45-FZ). At the same time, the amount of money to be charged on the basis of a court order cannot exceed five hundred thousand rubles (clause 1 of Art. 121 Code of Civil Procedure of the Russian Federation as amended by Federal Law of 02.03.2016 N 45-FZ). If the stated requirements are subject to consideration in order of ordinary production, but the plaintiff appealed to the court with an appropriate statement in accordance with the procedure for claim, the judge returns statement of claim (PP. 1.1, paragraph 1 of Art. 135 Code of Civil Procedure of the Russian Federation as amended by the Federal Law of 02.03.2016 N 45-FZ).

It is important to take into account that, as before, the judicial order may be issued only on undisputed requirements, so the judge refuses to accept a statement of a judicial order, if the statement of the right (paragraph 3 of paragraph 3 of Article 125 has been submitted from the application and submitted documents. Code of Civil Procedure of the Russian Federation). Judicial order is made without judicial trial and calling the parties to hear their explanations (paragraph 2 of Art. 126 Code of Civil Procedure of the Russian Federation). The judge sends a copy of the court order to the debtor, who for ten days from the date of receipt of the order has the right to submit objections to its execution (Art. 128 Code of Civil Procedure of the Russian Federation). If in set time The debtor will receive such objections, the judge will cancel the court order by its definition, in which it clarifies the recoverer to present the claimed requirement in accordance with the procedure of claim (Art. 129 Code of Civil Procedure of the Russian Federation).

In the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2016 N 62, some issues of application of the provisions of the Code of Civil Procedure of the Russian Federation on ordinary production are clarified.

In this material - before the appearance of the practice of consideration of disputes on the recovery of debt for paying for residential premises and utilities in an order basis, only the claim procedure for the indicated category of disputes is considered.

Federal regulatory legal acts:

Housing Code of the Russian Federation

Art. 153 "Responsibility for making a fee for residential premises and utilities"

Art. 154 "Structure of residential premises and utilities"

Art. 155 "Making a fee for residential premises and utilities"

Art. 156 "Size for residential premises"

Art. 157 "Size of utility fees"

Art. 158 "Expenses of the owners of the premises in apartment house"

Art. 161 "Selecting a method of managing an apartment building. General requirements To the management of an apartment building "

Art. 30 "Rights and obligations of the owner of residential premises"

Art. 31 "The rights and obligations of citizens living together with the owner in the residential premises belonging to him"

Art. 67 "Rights and obligations of the tenant of residential premises under the contract social Nama"

Art. 69 "Rights and obligations of family members of the tenant of residential premises under a social hire agreement"

Civil Code of the Russian Federation

Art. 210 "Burden content of property"

Art. 249 "The cost of maintaining property in dolly ownership"

Art. 290 "The total property of the owners of apartments in an apartment building"

Art. 196 "Total limitation period"

Art. 199 "Application of limitation"

Art. 203 "Break of the current limitation period"

Art. 333 "Reducing a penalty"

P. 2, 32, 40, 63, 64 rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, appliances. Decree of the Government of the Russian Federation of 06.05.2011 N 354

P. 28 - 36 rules for the content of common property in an apartment building, approved. Decree of the Government of the Russian Federation of 13.08.2006 N 491

Regulatory legal acts of the city of Moscow:

Law of Moscow dated January 27, 2010 N 2 "Basics of the Housing Policy of the city of Moscow"

Art. 8 "Housing Fund in the city of Moscow"

Art. 9 "Views housing Fund In the city of Moscow "

Federal Judicial Practice

For the right permission to the court on request for recovery of debt for payment for maintenance and utility services court followed, in particular, to find out what kind of management of an apartment building in which the respondent's apartment is elected, elected owners of the premises in this house and whether he could later be changed; Are the owners of the premises of this house selected as managing organization plaintiff

(Definition of the Supreme Court of the Russian Federation of 03.03.2015 N 5-kg14-163)

From the provisions of the LCD of the Russian Federation, it does not follow that on the hiring of a state or municipal housing agreement and under the contract of hiring of residential premises of the State or Municipal Housing Fund in an apartment building is charged with the management organization (partnership of the owners of the housing), the contract for the maintenance and provision of utilities.

(Definition of the Supreme Court of the Russian Federation of 03/30/2015 N 38-PEK15 in case No. A06-3264 / 2013)

In the sense of paragraph 1 of Art. The 200 Civil Code of the Russian Federation for the statute of limitations on the claim arising from the violation of one party to the contract for the payment of goods (works, services) in parts, begins with respect to each individual part. The statute of limitations on the claims on expired time-based payments (interest for the use of borrowed funds, rent, etc.) is calculated separately for each overdue payment.

(P. 24 Resolutions of the Plenum of the Supreme Court of the Russian Federation of 29.09.2015 N 43 "On some issues related to the application of norms Civil Code Russian Federation about the statute of limitations ")

If the amount of the penalty is established by law, then by virtue of paragraph 2 of Art. 332 of the Civil Code He cannot be reduced by a predetermined agreement of the parties, but can be increased if such an increase in the law is not prohibited. For example, it is not allowed to increase the size of the contest installed part of the 14th century. 155 LCD RF for late and / or incomplete contribution fees for residential premises and utilities.

(P. 61 Resolutions of the Plenum of the Supreme Court of the Russian Federation of 03.24.2016 N 7 "On the applications of some provisions of the Civil Code of the Russian Federation on liability for violation of obligations")

The actions indicating recognition of debt in order to break the current limitation period, in particular, may include: recognition of the claim; Changing the contract by an authorized person from which it follows that the debtor recognizes the existence of debt, as well as the debtor's request for such a change in the contract (for example, a delay or installment payment); The act of reconciliation of mutual settlements, signed by an authorized person. The answer to the claim that does not contain the indication of the recognition of debt, in itself does not indicate the recognition of debt. The recognition of part of the debt, including by paying it, does not indicate recognition of debt as a whole, unless otherwise specified by the debtor. In cases where the obligation provided for the fulfillment of parts or in the form of periodic payments and the debtor committed actions indicating recognition of only part of the debt (periodic payment), such actions cannot be the basis for the break of the current limitation period for other parts (payments).

(P. 20 Resolutions of the Plenum of the Supreme Court of the Russian Federation dated 09.29.2015 N 43 "On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation")

Practice of the Moscow City Court

The court recorded from the defendant - the owner of the apartment debt debt and utility bills and penalties for the delay in their payment, since the plaintiff was in a timely manner and fully provided utilities to the defendant, and the defendant accepted, but did not pay them properly to the period established by law.

(Definition of the Moscow City Court of 30.06.2016 N 4G-5950/2016)

The defendant did not provide evidence of payment formed debt for the use of residential premises and utilities, as well as the inconsistency of its size provided by tariffs and rates, in connection with which the court charged the amount of debt and penalties from the defendant.

(Definition of the Moscow City Court of 27.06.2016 N 4g-6404/2016)

The plaintiff - the management company (LLC) carries out the management of the housing foundation, contains a residential fund, independently and by concluding relevant contracts with utilities providers providing utilities to residents, therefore, has the right to demand from recipients of services, including respondents (residential position and member His family), payment for the services rendered and payment of debt.

(Definition of the Moscow City Court of 06.05.2016 N 4g-4416/2016)

The court recovered the debt to pay for housing and communal services from the defendant, eliminating the accrual of radio and television out of it, since the provision of these services is carried out by specialized organizations.

According to the IFC reply, the calculation of the accrued fee to the respondent for housing and utilities was made taking into account the area of \u200b\u200bthe area, the type of property of residential premises, the number of services they live in it and the volume of consumed services. The respondent's apartment is equipped with individual cooling and hot water accounting devices, and the accrual of water supply services was made according to the monthly transmitted readings.

The defendant uses measures social support In the category "Veteran of hostilities", the benefits were provided in the amount of 50 percent of the cost of the total area of \u200b\u200bresidential premises of the State and Municipal Housing Fund or private property premises, taking into account members and families together living with a beneficiary. The defendant's debt was formed due to the fact that the payment was made in an arbitrary volume that did not correspond to the bills exhibited; Due to the incomplete payment of housing and communal services, the funds received on the personal account of the defendant were distributed to the service providers in proportion to the amounts accrued on them. The court at the request of the defendant applied a three-year limitation period and partially satisfied the claimant's claims for the recovery of debt, having established that the defendant did not perform the responsibility for paying housing and utilities properly.

(Definition of the Moscow City Court of 11.04.2016 N 4g-3243/2016)

If the defendants (residential owners) in violation of the current legislation did not fulfill the obligations to pay for residential premises and utilities properly, the Court may collect the debt formed in the share in proportion to the defendants ownership of the principles in the right of ownership.

(Definition of the Moscow City Court of 25.02.2016 N 4G-1060/2016)

The law does not associate the emergence of the obligation to make a fee for the content of the general property of the house with the fact of concluding an agreement between the owner of the residential premises and the relevant organization; The duty on timely and complete payment of the fee for the maintenance and repair of common property is based on general provisions Civil law on relevant services provided.

(Definition of the Moscow City Court of 18.09.2015 N 4g / 6-9692 / 15)

From Art. Art. 31, 153, 155 LCD RF it follows that the burden of carrying out costs for housing and communal services lies not only on the owner of the residential premises, but also on all those living with him; The court jointly recovered debt on housing and utilities from the owner of apartments and individuals registered in it.

(Definition of the Moscow City Court of 19.08.2015 N 4g / 5-8448 / 15)

The Housing Code of the Russian Federation establishes the obligation of the owner of the premises in an apartment building in timely payment of housing and utilities, which does not depend on the relevant payment documents and does not stop in connection with their non-treatment.

(Definition of the Moscow City Court of 30.06.2015 N 4G / 8-5634)

The fact that the management company improperly carries out the management of the house (property), does not indicate that the defendant (apartment owner) is exempt from paying for utilities.

(Appeal definition of the Moscow City Court of 25.02.2016 in case No. 33-6209 / 2016)

The court refused to satisfy the lawsuit on the recovery of debt departments from the owner to pay for residential premises and housing and communal services, since it is not presented evidence that the plaintiff has the right to invoice the owners of residential premises and receive a fee for utilities from them.

The court established that LLC was carried out by a multi-apartment house, commissioned in 2009, on the basis of a temporary agreement concluded with the developer; In 2011, the Depstrates of the district held an open competition for the selection of the management company for this house and concluded a contract with the winner of the competition. Ltd. appealed to the Arbitration Court, but the court decisions entered into legal force were refused to recognize the invalid open competition and the management agreement concluded with the winner of the competition.

In confirmation of authority to recover utility bills, the plaintiff referred to the protocols of the general meeting of the owners of premises in an apartment building in the form of absentee voting 2012, 2013, which recorded decisions on the choice as a management company Ltd., but entered into legal force by judicial decisions These protocols are invalid.

The court also took into account information from the Interdistrict Prosecutor's Office of Moscow that the residents of the house had the opportunity to collect a valid general meeting of the owners of premises in an apartment building for consideration of the issues of changing the method of management and the choice of another managing organization. In addition, according to the results of the prosecutor's checking rates on the mainstater content apartment house Ltd. with violation of the law is established, and an appropriate representation was made to the Ltd. management LLC.

(Appeal definition of the Moscow City Court of 06.10.2015 in case No. 33-36489 / 2015)

The argument that the defendant does not use the residential premises belonging to him, in which the communications are disabled for repair, does not refute the correctness of the court's conclusion about the reply the obligation to pay utility payments regardless of the actual use of residential premises.

(Appeal definition of the Moscow City Court of 06.10.2015 in case No. 33-32145 / 2015)

The limitation period for the recovery of the amounts of unfulfilled monetary obligation is three years, despite the nature of the relationship of the parties; Obligations of paying for housing and utilities arising from a social hiring agreement, they arrived at the same time, and after a certain period of time. The limitation period is determined from the moment of the obligation to pay for each monthly payment, since the right of the claimant's claim comes from the moment of violating its subjective right, i.e. There is no fee for each payment.

(Appeal definition of the Moscow City Court of 30.09.2015 in case No. 33-31954 / 2015)

The Housing Code of the Russian Federation does not establish a mandatory pre-trial procedure for resolving disputes arising from the consumption of utility resources (services).

(Appeal definition of the Moscow City Court of 09/08/2015 in case No. 33-31921 / 2015)

The lack of membership in the HSSC does not exempt the owners of the apartments from participation in the importance of the necessary expenses related to the management, content and operation of the HSC, in the territory of which there is such a premises.

(Appeal definition of the Moscow City Court of 02.09.2015 in case No. 33-31655 / 2015)

Briefly about important:

Claim

Main:

On recovery of debt for paying for residential premises and utilities / housing and communal services.

Note. In some cases, the basic statement of claim is formulated as a requirement for recovery of debt on housing and utilities (for example, the definition of the Moscow City Court of 23.11.2015 N 4G / 3-11713 / 2015), house debt and payment of utilities (for example, Defining the Moscow City Court of 13.03.2015 N 4G / 5-1836 / 2015), debt for living space and housing and communal services (for example, the definition of the Moscow City Court of 11.03.2015 N 4G / 5-1062 / 2015), debt for The content of housing and utilities (for example, the cassation definition of the Moscow City Court of 29.04.2016 N 4G-3980/2016).

On recovery of debt on the payment of residential premises, housing and communal services;

On the recovery of debt to pay utility / housing and communal services.

Additional:

On the recovery of penalties for late (incomplete) payment of residential premises and utilities;

On the recovery of interest for the use of other people's money.

Most often, the plaintiff under the category of disputes is the management organization (for example, the definition of the Moscow City Court of 10/22/2015 N 4G / 6-8813 / 2015, the cassation definition of the Moscow City Court of 30.06.2015 N 4g / 2-7092 / 15).

Usually, GBU GBU GBU MOSCOW WITH A SPECIFIC DISTRICT OR GUP GUP OF G. MOSCOW DES-OF A SPECIFIC DISTRICT, which carries out the management of an apartment building (for example, the definitions of the Moscow City Court of 26.08.2016 N 4g-10261/2016, from 02.08.2016 N 4G -9449/2016, from 06/07/2016 N 4G-6740/2016).

The management company may be LLC (for example, the definitions of the Moscow City Court of 30.06.2016 N 4G-5950/2016, from 06.06.2016 N 4g-6309/2016), CJSC (for example, the appellate definition of the Moscow City Court of 18.02.2016 N 33-3623 / 2016) or Moscow State Unitary Enterprise of Moscow for the use of high-altitude and administrative residential buildings (for example, the definition of the Moscow City Court of 25.12.2015 N 4g-13058/2015, 2-1694 / 2015), selected at the meeting of the owners of the premises in Apartment house. In addition, the plaintiff can be LLC, which carries out the management, maintenance, repair and exploitation of a residential building on the basis of contracts of management of an apartment building concluded with HOA (for example, the definition of the Moscow City Court of November 17, 2015 N 4G / 8-12160 / 2015).

Also plaintiffs can be a partnership of housing owners (for example, the definitions of the Moscow City Court of 27.06.2016 N 4g-6404/2016, from 21.06.2016 N 4G-4409/2016) or a cooperative (usually housing, housing), which has the status Managing organization (for example, the definition of the Moscow City Court of 18.06.2015 N 4g / 6-6123 / 15, the appeal definition of the Moscow City Court of January 18, 2016 in case No. 33-1212 / 2016). The management organization - the plaintiff may be a housing and communal department of oncological scientific Center Russian Academy of Medical Sciences (for example, the definition of the Moscow City Court of 03.12.2015 N 4g-12386/2015, 2-6783 / 2014).

Minstroy Russia explained that managing organizations, HOAs, cooperatives are entitled to attract third-party organizations to maintain claim and claims against persons who have not fulfilled the obligation to make fees for living space and utilities (letter from 03.03.2016 N 6076-od / 04 ).

According to the category of disputes, the defendant is a citizen who has debt on making a living room and utilities. The Housing Code of the Russian Federation establishes the duty of citizens in a timely manner and fully accompany the fee for the residential premises and utilities (part 1 of Art. 153 LCD RF). Such a duty is established as for the owners of residential premises in an apartment building (Part 3 of Article 30, Part 2 of Art. 154 LCD RF) and for employers of residential premises under a social hire agreement (part 3 of Art. 67, part 1 Art. 154 LCD RF).

Thus, a claim for the recovery of debt for paying for residential premises and utilities can be brought to the owner of the apartment in an apartment building (for example, the definitions of the Moscow City Court of August 26, 2016 N 4G-10261/2016, from 06/30/2016 N 4G-5950 / 2016).

If the apartment belongs to the right of ownership to several persons, then the claim for the recovery of debt in a joint manner is concluded for all owners of the apartment (for example, the cassation definition of the Moscow City Court of 30.06.2015 N 4g / 2-7092 / 15, the appellate definition of the Moscow City Court of 10.03 .2016 in case No. 33-5204 / 2016).

If, together with the owner, members of his family live in the apartment, then the defendants on the claim for recovery in the joint order of payment for residential premises and utilities will be the owner and members of his family (part 3 of Article 31 of the LCD of the Russian Federation) (for example, the definitions of Moscow City Court of 02.08.2016 N 4g-9449/2016, from 05/17/2016 N 4G-2737/2016).

Also, a claim for recovery of debt for residential premises and utilities can be submitted to the employer of the apartment provided under a social hiring agreement (for example, the definition of the Moscow City Court of 13.11.2015 N 4G / 9-11823 / 2015, the appeal definition of the Moscow City Court from 12/22/2015 in case No. 33-48286 / 2015). If the members of his family live together with the employer of the residential premises under a social hire agreement, then the claim is presented to the employer and members of his family, indicated in the social hiring agreement, as to the solidarial debtors (part 1, 2, 3 of Art. 69 LCD RF) ( For example, the definitions of the Moscow City Court of 06.05.2016 N 4G-4416/2016, from 04/29/2016 N 4G-0269/2016).

The claim for the recovery of debt for residential premises and utilities is presented at the place of residence of the respondent (Art. 28 Code of Civil Procedure of the Russian Federation) (for example, the appellate definition of the Moscow City Court of October 16, 2015 in case No. 33-23238 / 2015, 2-2952 / 2015 ). If the debt arose from the defendant with respect to the apartment, the owner of which it is and in which it is registered, then the claim is filed at this place of residence of the defendant.

If the defendant has an arrears of the apartment, the owner of which is, but at the same time the defendant is registered at another address, then the claim for the recovery of the debt should be submitted at the place (address) of the registration of the defendant. In this case, the claim must be submitted to the court, whose jurisdiction includes the address of the register of the respondent (the definition of the Moscow City Court of 04.04.2016 N 4G-3876/2016, the appeal definition of the Moscow City Court of 12.10.2015 in case No. 33-37753 / 2015) . Otherwise, there will be a violation of the rules of territorial jurisdiction (for example, the appellate definition of the Moscow City Court of 16.04.2015 in case No. 33-12182).

On recovery of overpayment and the obligation to recalculate (for example, the appeal definition of the Moscow City Court dated October 14, 2015 in case No. 33-36657 / 2015);

On the obligation to calculate the cost of the LCA in accordance with the testimony of individual water metering devices, to recalculate fees for the LCA (for example, the definition of the Moscow City Court of 18.02.2015 N 4G / 6-12098 / 14);

On the recognition of the illegal actions of the plaintiff in terms of accrual for paying for the accumulated monetary amount and the obligation of the plaintiff to recalculate (the definition of the Moscow City Court of June 21, 2016 N 4G-4409/2016);

For recovery from the management company, excessive amounts under the Office of the Office, upon payment for residential premises and utilities on the apartment, about the obligation to conclude an agreement with the plaintiff (for example, the Appeal Definition of the Moscow City Court of 02.09.2014 in case N 33-17983);

On recognition not corresponding to housing legislation RF housing Acts of HOA (for example, the cassation definition of the Moscow City Court of 07/31/2015 N 4g / 2-7993 / 15);

On the recognition of invalid decisions adopted at the general meeting of the owners of an apartment building, about the obligation of the plaintiff - the management company to fulfill the prescriptions of the Moszhiliuspects on the recalculation of the cost of services rendered at rates and tariffs approved by the Government of Moscow (for example, the appeal definition of the Moscow City Court of 10/20/2015 in case No. 33-38346 / 2015);

On the recovery of payment documents for the apartment, the contract of management of an apartment building, reports on the implementation of this agreement with the actual expenses (for example, the definition of the Moscow City Court of 02.10.2015 N 4G / 9-9841 / 2015);

About coercion to conclude a written contract for the provision of utilities containing individual conditions (for example, the appellate definition of the Moscow City Court of July 30, 2015 in case No. 33-26772 / 15);

On compensation of moral damage (for example, the appeal definition of the Moscow City Court of July 22, 2015 in case No. 33-25953 / 2015).

It is also possible to present a counterclaim on the recognition of the defendant by a member of the HSK at the time of the general meeting of the members of the cooperative, about the obligation to include it in the register of members of the cooperative (definition of the Moscow City Court of 25.12.2014 N 4G / 5-13564 / 2014). IN relations of TSZH. The defendant may require an invalid decision made by the General Meeting of HOA members in connection with the lack of a quorum (for example, the definition of the Moscow City Court of October 28, 2014 N 4G / 6-11067 / 14), as well as evaluate the HOA from non-residential premises on the first floor of the house, obliges to not repair the obstacles in the use of residential premises, generalicity and outdoor territory, eliminate illegal obstacles at the entrance to the courtyard, etc. (for example, the appellate definition of the Moscow City Court of 30.09.2014 in case No. 33-30901).

The limitation period under the category of disputes under consideration is three years (Article 196 of the Civil Code of the Russian Federation). Usually, three-year term Calculated by the courts from the date of presentation of the claim for the defendant (for example, the definition of the Moscow City Court of 22.05.2015 N 4g / 2-5221 / 15, the appellate definitions of the Moscow City Court of 10.03.2016 in case No. 33-8257 / 2016, from 07/16/2015 in case No. 33-16786 / 2015), and not from the date of filing the plaintiff of the refined claim (for example, the appellate definition of the Moscow City Court of 18.09.2014 in case No. 33-22987).

Applying the limitation period when considering a specific dispute, the court explained that the point when the plaintiff learned about violating his right, the failure to fulfill the responsibility of the obligation to make payments for the content, repair of residential premises and utilities per month, when they were necessary to produce (the appellate definition of Moscow City Court of 12.11.2015 in case No. 33-34515 / 2015).

The expiration of the statute of limitation is independent base For refusal to the lawsuit (paragraph 2 of paragraph 2 of Art. 199 Civil Code of the Russian Federation). Courts repeatedly indicate this circumstance, refusing to satisfy the claims for recovery of debt for paying for residential premises and utilities for a certain period (for example, the definitions of the Moscow City Court of 11.08.2015 N 4G / 6-6520 / 15, from 05/22/2015 N 4g / 2-5221 / 15, the appellate definition of the Moscow City Court of 24.03.2016 in case No. 33-6045 / 2016).

This category of disputes does not provide for the mandatory pre-trial (including the complaint) procedure for their permission (for example, the appellate definitions of the Moscow City Court of 24.11.2015 in case No. 33-38950 / 2015, from 09/08/2015 in case No. 33-31921 / 2015 ).

When considering the case, the court, as a rule, finds out whether the plaintiff has informed the defendant about the availability of debt to pay for residential premises and utilities (for example, the definition of the Moscow City Court of 22.12.2015 N 4g-11859/2015). As sufficient evidence of bringing such information to the defendant, a warning is made (notification, prescription, complaint, pre-trial) on the need to pay off debt (for example, the definitions of the Moscow City Court of 30.06.2016 N 4G-5950/2016, from 12.11.2015 N 4G / 3-11227 / 2015, the appellate definitions of the Moscow City Court of 08.12.2015 in case No. 33- 46290/2015, from 06.11.2015 in case No. 33-38523 / 2015).

So, when considering a specific dispute, the court found that the plaintiff has repeatedly notified the defendants of the need to pay for the resulting debt for the apartment and utilities (for example, the definition of the Moscow City Court from 07.10.2015 N 4G / 5-9997 / 2015, the appellate definition of the Moscow City Court from 08.07.2015 in case No. 33-23795 / 2015). However, if the plaintiff did not notify the defendant about the presence of his debt and the need to repay him, this circumstance is not a basis for the return of the claim (paragraph 1 of Part 1 of Art. 135 Code of the Russian Federation).

The reason for the presentation of the claim may be the defendant for residential premises and utilities (for example, the definition of the Moscow City Court of 18.09.2015 N 4G / 6-9692 / 15).

It does not have legal meaning The duration of the period during which the defendant did not make a fee and utility bills. Thus, the plaintiff may apply to the court in the presence of debt as over several years (for example, the definitions of the Moscow City Court of 30.06.2016 N 4g-5950/2016, from June 27, 2016 N 4g-6404/2016), and for several months ( For example, the definition of the Moscow City Court of 15.04.2016 N 4G-4231/2016).

In addition, the reason for the appeal to the court may be a fee for residential premises and utilities; not in full (definitions of the Moscow City Court of 02.08.2016 N 4G-9449/2016, from 21.06.2016 N 4G-4409/2016, from 07.06.2016 N 4g-6740/2016), irregularly or inexpressive (for example, the definitions of the Moscow City Court of 02.02.2016 N 4g-1166/2016, from 12/22/2015 N 4g-11859/2015), as well as the payment of the fee in a short time and Not in full (for example, the definition of the Moscow City Court of 06.05.2015 N 4G / 4-4744 / 15, the appellate definition of the Moscow City Court of 02/25/2016 in case No. 33-6209 / 2016).

Turning to court, the plaintiff must prove two circumstances.

The first is the fact that the plaintiff is the cost of expenses related to the management and content of an apartment building (execution of work on the proper maintenance of residential premises in the house, the provision of utilities, etc.).

It is possible to confirm such expenses with contracts concluded by the plaintiff with resource-supply, serving and other organizations - for example, an agreement on water leave and wastewater supply to urban sewers; energy supply contract for thermal energy consumers in hot water; contract for heat supply; contract for the maintenance of elevators; agreement on deratution, disinsection, disinfection; contract on the maintenance of the intercom system; contract for the provision of security services; contract for the provision of duty officers on the entrance (concierge); contract on the performance of technical works in an apartment building; agreement on the elimination of accidents of heating systems, water supply, sewage and power supply; agreement on the removal and disposal of KGM; agreement on the removal of solid household waste; Housing Fund insurance contract, civil liability and property (for example, the definitions of the Moscow City Court dated 04/15/2016 N 4G-4231/2016, from January 23, 2015 N 4G / 8-190, the appellate definitions of the Moscow City Court of 16.02.2016 in case N 33-2965 / 2016, from 02.12.2015 in case No. 33-39678 / 2015).

Also, in confirmation of its expenses, the plaintiff may submit an act of acts on the work performed on the above agreements, acts of acceptance of services, tariffs, estimates (including estimated costs), acts of reconciliation, accounts, payment orders, other documents confirming the fact of actual implementation Works and provision of services, solutions and protocols of meetings of members of the HOA (for example, the definition of the Moscow City Court of January 23, 2015 N 4G / 8-190, the appellate definitions of the Moscow City Court of 02.02.2016 in case No. 33-3224 / 2016, from 18.11. 2015 in case No. 33-42952 / 2015).

The second circumstance that the plaintiff will have to prove, is the fact of the respondent of debt debt for the residential premises and utilities before the plaintiff. The plaintiff can confirm it, submitting the court to an extract from facial account on the apartment (for example, the definitions of the Moscow City Court of 26.08.2016 N 4g-10261/2016, from 02.02.2016 N 4G-1166/2016), the history of accruals or the calculation of income on facial account Apartments (for example, the definition of the Moscow City Court from 02.10.2015 N 4G / 9-9841 / 2015, the appeal definition of the Moscow City Court of 02.02.2016 in case No. 33-3207 / 2016), consolidated statements of accruals and pay for residential premises, utilities and other services (for example, the definition of the Moscow City Court of 13.11.2015 N 4G / 9-11823 / 2015, the appeal definition of the Moscow City Court of 25.02.2016 in case No. 33-6209 / 2016), a certificate of financial condition Apartment accounts for a certain period, financial personal account (for example, the definition of the Moscow City Court of 23.11.2015 N 4G / 3-11713 / 2015, the appeal definition of the Moscow City Court of 03/16/2016 in case No. 33-9138 / 2016), a certificate about paying for residential premises, utilities and other services (for example, the appellate definition of the Moscow City Court dated February 26, 2016 in case No. 33-3886 / 2016), a negotiable statement on the personal account (the current statement of the tenant) (for example, the appellate definition of the Moscow City Court from 03/14/2016 in case No. 33-9013 / 2016).

For the presence of debt at the defendant may also testify debt receipts and a single housing document, a certificate of debt (certificate of debt growth dynamics), an act of accrual reconciliation (for example, the definition of the Moscow City Court of 07.06.2016 N 4G-6740/2016, the appellate definitions of the Moscow City ships from 14.10.2015 in case No. 33-36492 / 2015, from 09/30/2015 in case No. 33-26094 / 2015).

Also, the plaintiff can confirm the validity of its claims with the calculation of the defendant's debt for a specific period (for example, the definitions of the Moscow City Court of August 26, 2016 N 4G-10261/2016, from 06/30/2016 N 4G-5950/2016). Typically, the court checks the calculation submitted by the plaintiff for its compliance with the tariffs in force at the time of provision of tariffs established by regulatory legal acts (for example, the definitions of the Moscow City Court of 06.06.2016 N 4G-6309/2016, from 20.05.2016 N 4G-4696/2016 , Cassation definition of the Moscow City Court of 04.05.2016 N 4G-3997/2016). If the plaintiff did not provide evidence confirming the amount of defendant's debt, its calculation and recovery period, the court refuses to satisfy the claim for the defendant (for example, the appeal definition of the Moscow City Court of 10.10.2014 in case No. 33-22712).

Please note that from 01/01/2017, persons participating in the case are entitled to submit documents to the court both on paper, and in electronic form - including in the form of an electronic document signed by an electronic signature, fill out the form posted on the official website of the court On the Internet (part 1.1, Article 35 of the Code of Civil Procedure of the Russian Federation was introduced by federal law of 23.06.2016 N 220-FZ). This rule applies, in particular, to the defendant, which represents an objection to the claim.

If the defendant does not agree with the size of the debt specified in the claim, it should be submitted to the court of debt (counter) (for example, the definition of the Moscow City Court of 21.06.2016 N 4G-4409/2016, the appellate definitions of the Moscow City Court of 24.07.2015 in case No. 33-25616 / 2015, from 10.07.2015 No. 33-19744 / 15). So, if the calculation of the amount of the debt is made without taking into account the benefits of the defendant - the labor veteran, the defendant should be submitted to the court to the court calculation, taking into account all the payment produced by them, as well as not taken into account, in the opinion of the defendant, benefits (for example, the definition of the Moscow City Court of 14.10.2014 N 4g / 7-7362 / 14). If, when calculating utility payments, the defendants benefits are used (in particular, by categories of labor veterans, disabled people), the court may reject the calculation of the defendant and recognize accruals for paying for residential premises and communal services legal (for example, the definition of the Moscow City Court of 22.12.2015 N 4G-11859/2015).

There are precedents in judicial practice, when the amount of the debt has been charged by the court, on the basis of calculating the debt submitted by the defendant, are excluded separate amounts (for example, the amount of the subscription fee for the collective antenna - see the appellate definition of the Moscow City Court of 05/22/2014 in case No. 33 -14716/2014). Separate amounts can also be excluded from the summary of the defendant, if the court recognizes its objections to the illegality of charge charges for individual services (for example, for radio services, television broadcasts, which are provided by specialized organizations) (Definition of the Moscow City Court of 11.04.2016 N 4 3243/2016).

If the defendant considers the payments to the plaintiff in the improper (incorrect), but does not represent his version of this calculation, the court recognizes such arguments of the plaintiff untenable (for example, the appellate definitions of the Moscow City Court of 18.02.2016 in case No. 33-3623 / 2016, from 08.10. 2015 in case No. 33-30994 / 2015).

In addition to debt for paying for residential premises and utilities, the plaintiff can recover from the defendant of penalties for late or incomplete payment of residential premises and utilities (part 14 of Art. 155 LCD RF).

As a rule, the Court charges the penalty in accordance with the calculation presented by the plaintiff (for example, the appellate definition of the Moscow City Court of July 22, 2015 in case No. 33-25953 / 2015). If the court compares the amount calculated by the plaintiff with the size of the defendant's debt to pay for housing and utilities, it will establish that it is clearly disproportionated by the consequences of the defendant violation of the obligation, the court reduces the amount of penalties (for example, the definition of the Moscow City Court of 06.05.2016 N 4G-4416 / 2016). The court may also reduce the amount of penalties, taking into account some of the attention of the circumstances, for example, the existence of the defendant of two minors (the appeal definition of the Moscow City Court of August 22, 2014 in case No. 33-21968).

As the existing practice shows, often the courts reduce the amount of penalties to be recovered on the basis of Art. 333 of the Civil Code (for example, the definitions of the Moscow City Court of 27.06.2016 N 4g-6404/2016, from 21.06.2016 N 4G-4409/2016). In some cases, in reducing, penalties can be denied (for example, the appellate definition of the Moscow City Court of 02.10.2014 in case No. 33-19217). Please note that from 01.01.2016 Calculation of penalties for late or incomplete payment of residential premises and utilities is made under the new rules (part 14 of Art. 155 LCD of the Russian Federation as amended by Federal Law of 03.11.2015 N 307-FZ). In particular, from 01.01.2016, the penalty is not charged for the first month of delay, and the size of the penalty depends on the period of delay. The Supreme Court of the Russian Federation clarified that an increase in the size of the contest established by Part 14 of Art. 155 LCD of the Russian Federation for the late and / or incomplete contribution of fees for residential premises and utilities is not allowed (paragraph 61 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.03.2016 N 7).

It should be borne in mind that the court charges from the defendant debt for the residential premises and utilities even if the defendant in the period of debt is actually not used the premises (for example, the appeal definition of the Moscow City Court of 02.02.2016 in case No. 33-3224 / 2016 ). The fact is that by virtue of Part 11 of Art. 155 LCD RF Non-use owners, employers and other persons of premises are not the basis of non-submission fee for residential premises and utilities. Thus, the court recorded in a joint manner from the employer and a member of his family debt for housing and utilities, indicating that the actual invocation of a member of the female family does not have a legal significance (the definition of the Moscow City Court of January 22, 2015 N 4G / 5-106 / 2015).

If the defendant did not receive information from the plaintiff whether he has debt to pay for a residential premises and utilities (for example, receipts about the accrual of debt on the personal account of the apartment, debt receipts, notifications about the need to pay off arrears), this circumstance does not indicate the defendant's violations . According to this category, the disputes are not provided for the mandatory pre-trial procedure for their permission, so the respondent should not refer to the absence of information about debt.

If the plaintiff declares the claim for the recovery of debt over the period of more than three years from the date of the claim, it is necessary to declare a petition for the application of the limitation period (for example, the definitions of the Moscow City Court of 30.06.2016 N 4g-5950/2016, from 04/26/2016 N 4G -0261/2016, the appellate definitions of the Moscow City Court of 02.12.2015 in case No. 33-45170 / 2015, from 18.06.2015 in case No. 33-14120 / 2015).

Depending on the period, for which the plaintiff requires a recovery of the debt, the limitation period can be applied to all the requirements of the plaintiff or only to their part (for example, the appeal definition of the Moscow City Court of 14.07.2015 No. 33-24810 / 2015).

If the court satisfies the petition, then in recovery from the defendant of debt for the period earlier than three years before the day of the presentation of the claim will be denied (for example, the definitions of the Moscow City Court of 29.04.2016 N 4G-0269/2016, from 11.04.2016 N 4G-3243/2016 ).

It should be borne in mind that paragraph 2 of Art. 199 of the Civil Code of the Russian Federation is not provided for any requirement for the form of a claim for a statement of claim: it can be done both in writing and orally. If the application was done orally, this is indicated in the minutes of the court session (paragraph 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.29.2015 N 43 "On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation").

We note that the Court may reject the defendant's petition for the application of the limitation period, if it becomes a break of the current limitation period. According to Art. 203 of the Civil Code of the Russian Federation The limitation period is interrupted by committing obligated person Action indicating recognition of debt. Such actions can recognize the conclusion by the defendant with the plaintiff ( managing Company) Agreement on repayment of debt to pay for residential premises and utilities in a specific amount (for example, the appellate definition of the Moscow City Court of 02.10.2014 in case No. 33-33600). In addition, the rewind of the current limitation period may indicate the declarations of the defendant and the payments made by him on the payment of debt to the plaintiff (the appellate definition of the Moscow City Court of 18.07.2014 in case No. 33-28887).

There is a point of view, according to which the periodic execution by the defendant assumed obligations on timely payment of utilities cannot mean recognition of debt in the sense referred to in Art. 203 of the Civil Code of the Russian Federation (for example, the definition of the Moscow City Court of 25.09.2015 N 4G / 5-9851 / 15). According to this position, the payment of the defendants of the debt does not mean a break between the limitation period, if there are no information about the payment that the defendants contribute cash At the expense of debt repayment for the past period of time, and the defendants did not appeal to the plaintiff with the relevant statement. In this case, periodic payment by the defendants of certain amounts for the housing and communal services provided by itself cannot indicate the full recognition of their debt for the entire period of debt education, and due to the fact that periodic payments are for the lamentable nature, for each payment, The case of a responsible personality of action, testifying to recognition of debt, the limitation period is calculated separately (the appellate definition of the Moscow City Court of 24.09.2014 in case No. 33-24447). This point of view shares the Supreme Court of the Russian Federation, which explained that the recognition of part of the debt, including by paying part of its part, does not indicate recognition of debt as a whole, unless otherwise notified by the debtor (paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.29.2015 N 43 "On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation"). If the defendant extended an arrears in the framework of the enforcement proceedings initiated on the basis of a court decision, such a responder actions cannot be regarded as recognition of debt, and in this situation the provisions on the interruption of the current limitation period are not subject to use (for example, the appeal definition of the Moscow City Court 03/26/2015 in case No. 33-9701).

To make a decision in favor of the defendant, it is necessary to prove the circumstances specified in Table:

Circumstances to be proof	Evidence that can be confirmed by these circumstances	Examples from judicial practice
The defendant made a fee for living space and utilities in a timely manner and in full, the debt on the payment of residential premises and utilities is missing	Rovart payment receipts Receipt of payment of housing and communal services Copies of payment receipts for utilities Checks-orders confirming payment by the defendant of utility and other payments Receipts (payment receipts) with uniform payment documents attached to them, for which payment was made / without unified payment documents Payment orders, on the basis of which the defendant contributed funds for residential premises A single housing document issued by the defendant plaintiff, MFC certificate about the absence of debt to pay for residential premises and utilities Decision district Courtpreviously accepted and entered into legal force, which is determined by the response of a overpayment for residential premises Other evidence confirming proper execution Respondent responsibilities for paying for residential premises and utilities	Definition of the Moscow City Court of 15.07.2015 N 4g / 7-7128 / 15 Definition of the Moscow City Court of 26.06.2015 N 4g / 6-6519 / 15 Appeal definition of the Moscow City Court of 02.12.2015 in case No. 33-45170 / 2015 Appeal definition of the Moscow City Court of 10/20/2015 in case No. 33-35272 / 2015 Appeal definition of the Moscow City Court of 14.07.2015 in case No. 33-24809 / 15 Appeal definition of the Moscow City Court of 24.04.2015 in case No. 33-14057 Appeal definition of the Moscow City Court of 04.04.2015 No. 33-13611 Appeal definition of the Moscow City Court of 06.04.2015 in case No. 33-5453 / 15
The defendant regularly pays for payment in accordance with the requirements of the LCD of the Russian Federation at the prices approved by the Government of Moscow (If in the house where the respondent's apartment is not created, housing cooperative or other specialized consumer cooperative, and at the general meeting of the owners of the premises in such a house, the size of the fee for the maintenance of residential premises in the house is not approved)	Payment receipts submitted by the defendant The calculation of the defendant's debt submitted by the plaintiff, which does not contain an accurate amount of debt on paying utilities, its components, the period of recovery, the legal justification of the calculation The lack of evidence of approval by the general meeting of the owners of the premises of the fee for the residential premises, which was indicated in the defendant's notices about the accrual of payments	Appeal definition of the Moscow City Court of 10.10.2014 in case No. 33-22712
The defendant partially / fully repaid debt payment for residential premises and utilities before the plaintiff	Receipts, payment orders for payment of debt (parts of debt) defendant Payment documents, a certificate of MFC, which confirm the repayment of the defendant of the existing debt to the appeal of the plaintiff to the court and before the court adopted a decision on the case Checks-orders confirming payment by the defendant amount of debt debt debt issued to the defendant MFC certificate, according to which the defendant has no debt for housing and utilities for the apartment to appeal to the court MFC certificate, according to which the debt amount of the defendant for paying housing and communal services at a specific date differs from the sum of the debt of the defendant, specified by the plaintiff in the calculation of the debt at the same date	Appeal definition of the Moscow City Court of 10.03.2016 in case No. 33-5204 / 2016 Appeal definition of the Moscow City Court of 10.11.2015 in case No. 33-37855 / 2015 Appeal definition of the Moscow City Court of 10/30/2015 in case No. 33-39983 / 2015
The defendant's debt settlement presented by the plaintiff does not take into account payments paid by the defendant earlier / recovered from the defendant earlier by the court decision for a part of the period specified in the calculation	Submitted by the plaintiff's settlement of the defendant's debt for a specific period, for the part of which the plaintiff has already recovered the debt from the defendant Certificate of financial status of the account, according to which the debt debts are included in the debt for the previous periods, which were previously accumulated in court The decision of the district court adopted earlier and entered into legal force on recovery from the defendant to pay for residential premises and utilities for the period that is specified in the new claim to the defendant The absence of a new settlement of the defendant's debt represented by the plaintiff in which payments would be taken into account, recovered from the defendant earlier adopted decision ships Payment receipts and bank statements about the payment of accrued housing and communal payments Payment receipts, which indicate that debt payment for a specific period is made by the defendant on debt receipts Payment receipts that confirm the absence of the defendant for paying utility payments for a specific period	Defining the Moscow City Court of 27.06.2016 N 4g-6404/2016 Appeal definition of the Moscow City Court of 03/16/2016 in case No. 33-5695 / 2016 Appeal definition of the Moscow City Court of 18.11.2015 in case No. 33-40287 / 2015 Appeal definition of the Moscow City Court of 12.11.2015 in case No. 33-41737 / 2015 Appeal definition of the Moscow City Court of 08.07.2015 in case No. 33-21841 / 2015
The claimant's claim for the recovery of debt covers the period for which the plaintiff previously demanded to recover the debt in court, and in satisfaction of such a claim was denied	The decision of the district court, adopted earlier and entered into legal force, which was denied the satisfaction of the claimant's claims for the recovery of debt to pay housing and communal services and pay for locations common use For the period that is specified in the new claim to the defendant	Appeal definition of the Moscow City Court of 10.09.2014 No. 33-28258
The plaintiff missed the limitation period on demand for debt recovery (part of it)	The statement of claim in which the date of its submission is indicated The calculation of the defendant's debt submitted by the plaintiff in which the period is specified for which debt is charged	Definition of the Moscow City Court of 05/22/2015 N 4G / 2-5221 / 15 Appeal definition of the Moscow City Court of 24.03.2016 in case No. 33-6045 / 2016 Appeal definition of the Moscow City Court of 03/16/2016 in case No. 33-8392 / 2016 Appeal definition of the Moscow City Court of 03/16/2016 in case No. 33-8391 / 2016 Appeal definition of the Moscow City Court of 10.03.2016 in case No. 33-8257 / 2016 Appeal definition of the Moscow City Court of 02.12.2015 in case No. 33-45166 / 2015 Appeal definition of the Moscow City Court of 30.11.2015 in case No. 33-44158 / 2015

Objection to the claim for recovery of debt for paying for residential premises and utilities:

To court

Respondent: _________ (FI.) ____________

Representative of the defendant: Petukhov Oleg Anatolyevich

address: _______________________________,

phone: 8-929-527-81-33, 8-921-234-45-78,

el. post office: ____________________________

Plaintiff: ____________ (FI.) ____________

address: _______________________________,

telephone: _____________________________,

el. post office: ____________________________

D: _______________________________

Objection to the claim for debt collection

by payment for residential premises and utilities

"__" _______ ___ in _________ The court claimed a claim for recovery of debt debt from the defendant for residential premises and utilities / on payment of the content of residential premises and utilities / on payment of utilities for the period from "__" _______ ___ G. by "__" _______ ___ in the amount of _______ rubles ______ kopecks.

The defendant is the owner of the residential premises located at: _______ (hereinafter - the residential premises), which is confirmed by the certificate of ownership (until 07/15/2016) / Evidence of state registration Rights (until 07/15/2016) / Vepiting from the Unified state registry Rights on real estate And transactions with it n _____, issued "___" ________ _____ G. (from 07/15/2016) / Ipto from the Unified State Register of Real Estate N _____, issued "___" ________ _____ (from 01/01/2017) / other documents.

The defendant is the tenant of the residential premises located at: _______ (hereinafter referred to as a residential premises), which is confirmed by a social hiring agreement from _____ "___" ________ _____ N _____ / other documents.

The defendant objects to the satisfaction of the specified claims on the following grounds.

The defendant made a fee for a residential premises and utilities in a timely manner and in full, debt on the payment of residential premises and utilities is missing. This is evidenced by the receipt of payment of rent / receipts on the payment of housing and communal services / copies of payment receipts for utilities / check-orders, confirming the payment of utility and other payments / receipts / payment receipts with the uniform payment documents attached to them, for which was produced Payment / no single payment documents / Payment orders, on the basis of which the defendant made money for living space / Single housing document issued by the defendant plaintiff / MFC certificate about the absence of debt on paying residential premises and utilities / decision ________ District Court from "__" _______ ___ G. N _____, which entered into legal force, which determined the response of a overpayment for a residential premises / other documents.

By virtue of Part 1 of Art. 153 LCD RF citizens and organizations are obliged to in a timely manner and fully to pay for residential premises and utilities.

According to Part 3 of Art. 30 LCD RF, Art. Art. 210, 290 CI RF, the owner of the residential premises carries the burden of content of this room and, if this room is an apartment, the common property of the owners of the premises in the relevant apartment building, and the owner of the room in communal apartment The burden of the main property of the owners of the rooms in such an apartment is also carried, unless otherwise provided by federal law or contract. In accordance with Part 2 of Art. 154 LCD RF Residential Premises and Communal Services For the owner of the premises in an apartment building include: 1) fee for the maintenance of the residential premises, which includes a fee for services, work on the management of an apartment building, for the maintenance and maintenance of common property in a multi-unit House, cold water, hot water, electrical energy consumed when the content of common property in an apartment building, as well as for the discharge of wastewater in order to maintain a common property in an apartment building; 2) overhaul fee; 3) fee for utilities.

According to Part 3 of Art. 67 LCD RF, hiring a residential premises under a social hire agreement obliged, including in a timely manner to make a fee for residential premises and utilities. In accordance with Part 1 of Art. 154 LCD Flag of the residential premises and utilities for the employer of the residential premises held under a social hiring agreement or a contract for hiring a residential premises of the State or Municipal Housing Fund, includes: 1) Payment for the use of residential premises (fee for hiring); 2) fee for the maintenance of the residential premises, including fees for services, work on the management of an apartment building, for the maintenance and current repair of common property in an apartment building, for cold water, hot water, electrical energy consumed when the content of common property in a multi-factor house , as well as for the discharge of wastewater in order to maintain a common property in an apartment building. Overhaul common property in an apartment building is held at the expense of the owner of the housing stock; 3) fee for utilities.

By virtue of Part 4 of Art. 154 LCD RF Communal Services Fee includes a fee for cold water, hot water, electric energy, thermal energy, gas, household gas in cylinders, solid fuel in the presence of furnace heating, wastewater discharge fee, solid communal waste.

The defendant regularly pays for residential premises and utilities in accordance with the requirements Housing Code RF at the prices approved by the Government of Moscow. This is evidenced by the receipt for the payment / calculation of the defendant's debt, submitted by the plaintiff, which does not contain the exact amount of debt on the payment of utilities, its components, the period of recovery, the legal substantiation of the calculation / other documents. In an apartment building in which the residential premises are not created, housing cooperative or other specialized consumer cooperative, and at the general meeting of the owners of premises in the house, the size of the fee for the content of the residential premises in the house is not approved.

According to Part 7 of Art. 156 LCD RF Board Size for the maintenance of the residential premises in an apartment building, in which the partnership owners of housing or housing cooperative or other specialized consumer cooperative are determined at the general meeting of the owners of premises in such a house, which is carried out in the manner prescribed by Art. Art. 45 - 48 LCD RF. The size of the fee for the maintenance of the residential premises in an apartment building is determined taking into account the proposals of the management organization and is set for a period of at least one year.

By virtue of Part 4 of Art. 158 LCD RF, if the owners of the premises in an apartment building at their general meeting did not make a decision to establish the size of the fee for the content of the residential premises, this size is established by the authority local governments (In the constituent entities of the Russian Federation - the cities of the federal significance Moscow, St. Petersburg and Sevastopol - the state authority of the relevant subject of the Russian Federation, if the law of the relevant constituent entity of the Russian Federation has not been established that these powers are carried out by local self-government bodies of intracity municipalities).

According to Part 1 of Art. 155 LCD RF Residential Premises and Municipal Services A month will be made monthly until the tenth day of the month following the past month, unless otherwise managed by the management agreement of the apartment building or decision of the General Meeting of Members of the Association of Housing Owners, Housing Cooperative, or other specialized consumer cooperative created in goals to meet the needs of citizens in housing in accordance with the Federal Law on such a cooperative.

The defendant partially / fully repaid debt for paying for residential premises and utilities before the plaintiff, which is confirmed by receipt / payment orders for debt payment (part of the debt) of the defendant / payment documents, the MFC certificate, which confirm the repayment of the defendant of the debt to appeal to the court and Before the adoption of a decision on the case / checks of orders confirming the defendant's payment by the defendant for the debt of the debt of the debt, exposed to the defendant / certificate of the IFC, according to which the defendant does not have debts on housing and utilities on a residential premises on the date to appeal to the court / Help MFC, according to which the amount of the debt of the defendant to pay housing and communal services at a specific date differs from the sum of the debt of the defendant, indicated by the plaintiff in the calculation of debt to the same date / other documents.

The calculation of the defendant's debt presented by the plaintiff does not take into account the payments paid by the defendant / recovered from the defendant by decision ________ court from "__" _______ ___ N _____, which has entered into force, for the period from "__" _______ ___ ___ ___ G. This is evidenced by the claimant submitted by the claimant's settlement of the defendant for the period from "__" _______ ___ in "__" _______ ___. ___ __ __ _______ ___ / certificate of the financial state of the account, according to which the debts of the previous periods are included in the debt debts for a specific period which were previously recovered in court / decision ________ court from "__" _______ ___ G. N _____, which entered into legal force, for recovery from the defendant for paying for a residential premises and utilities for the period from "__" _______ ___ "__" _______ ___ / Payment receipts and bank statements about the payment of accrued housing and communal payments / payment receipts, which indicate that the payment of debt for a specific period is made by the defendant for a long time I will be sent receipts / payment receipts that confirm the absence of debt debt to pay for utility payments for a specific period / other documents. The plaintiff did not submit a new calculation of the defendant's debt, which takes into account payments, recovered from the defendant specified decision ______ courts from "__" _______ ___ g _____.

The claimant's claim for the recovery of debt covers the period for which the plaintiff previously demanded a recovery of debt in court, and was refused to satisfy such a claim. This is confirmed by the decision _______ of the court from "__" _______ ___ G. N _____, which entered into legal force, which was denied the claims of the claimant to recover from the defendant for paying for a residential premises and utilities for the period from "__" _______ ___ . by "__" _______ ___ / other documents.

The plaintiff missed the limitation period at the request of the recovery of debt for the period from "__" _______ ___ in "__" _______ ___

The statement of claim for recovery from the defendant for paying for residential premises and utilities / on the payment of the content of residential premises and utilities / on payment of utility services is filed with the plaintiff "__" _______ ___. The calculation of the debt of the defendant submitted by the plaintiff covers the period from "__ "_______ ___ in" __ "_______ ___ in this way, in debt for the period from" __ "_______ ___ ___ ___ ___ ___ ___. The limitation period expired.

In accordance with Part 1 of Art. 196 of the Civil Code of the Russian Federation total time The limitation of the presidency is three years from the day determined in accordance with Art. 200 Civil Code. According to paragraph 1 of Art. 200 Civil Code of the Russian Federation, if the law is not established otherwise, the current limitation period begins from the day when the person learned or should learn about the violation of his right and about who is a proper defendant on the claim for the protection of this right. By virtue of paragraph 2 of Art. The 200 Civil Code of the Russian Federation for obligations with a certain period of execution The current of the limitation period begins at the end of the execution period. In accordance with paragraph 2 of Art. 199 Civil Code of the Russian Federation The expiration of the limitation period, the application of which is stated by the parties in the dispute, is the basis for the decision to make a decision on refusal to the lawsuit.

Based on the foregoing, guided by Art. Art. 196, 199, 200, 210, 290 of the Civil Code of the Russian Federation, Art. Art. 30, 67, 153 - 156, 157, 158 Housing Code of the Russian Federation, PP. 2 h. 2 tbsp. 149 Civil Procedure Code of the Russian Federation,

Satisfying the claims announced by the claimant for recovery from the defendant for paying for residential premises and utilities / on payment of the content of residential premises and utilities / for payment of utilities for the period from "__" _______ ___ ___ ___ ___ ___ In the amount of _______ rubles ______ kopecks refuse.

Applications:

1. Evidence confirming the rights of the defendant for residential premises: a copy of the certificate of ownership of the residential premises from "___" ______ ___ G. N ___ (until 07/15/2016) / Copy of the Certificate of State Registration of Law (until 07/15/2016) / Copy extracts from a single state register of rights to immovable property and transactions with it N _____, issued "___" ________ _____ (from 07/15/2016) / a copy of the statement from the Unified State Register of Real Estate N _____, issued "___" ________ _____ From 01/01/2017) / Copy of a social hiring contract from _____ "___" ________ _____ N _____ / Copies of other documents.

2. Documents confirming the full and timely introduction by the defendant for residential premises and utilities, the lack of debt on the payment of residential premises and utilities: receipts of payment of rent payroll / receipt of payment of housing and communal services / Copies of payment receipts for utilities / checks -Order, confirming the payment of utility and other payments / receipts / payment receipts with uniform payment documents attached to them, on which payment was made / without uniform payment documents / payment orders, on the basis of which the defendant made money for living space / a single housing document, The plaintiff issued by the defendant / Help of MFC on the lack of debt on the payment of residential premises and utilities / decision ________ Court of the District Court from "__" _______ ___ N _____, which has entered into legal force, which is determined by the response response for a residential premises / other documents.

3. Documents confirming regular payments by the defendant of residential premises and utilities at the prices approved by the Government of Moscow: payment receipts / calculation of the defendant's debt, submitted by the plaintiff, which does not contain an accurate amount of debt on paying utilities, its components, recovery period , legal substantiation of calculation / other documents.

4. Documents confirming partial / full repayment of debt pay for residential premises and utilities before the plaintiff: receipt / payment orders for debt payment (part of the debt) of the defendant / payment documents, the certificate of MFC, which confirm the repayment of the defendant to the claimant to appeal The court and before the adoption of the decision on the case / check-orders, confirming the respondent's payment for the debt of the debt debt, put up to the defendant / Help of the IFC, according to which the defendant does not have debts for paying housing and utilities on the date before the appeal of the plaintiff To the Court / Help of the IFC, according to which the amount of the debt of the defendant to pay for housing and communal services at a specific date differs from the amount of the defendant's debt, specified by the plaintiff in the calculation of debt at the same date / other documents.

5. Documents confirming that the calculation of the defendant's debt submitted by the plaintiff does not take into account the payment paid / previously charged: the calculation of the defendant's debt presented by the plaintiff for the period from "__" _______ ___ ___ ___ ___ ___ ___ Accounts according to which debts in the previous periods were included in the debt debts for a specific period, which were previously recovered in court / decision ________ District Court from "__" _______ ___ N _____, which entered into legal force, for recovery from the defendant of debt debt For a residential premises and utilities for the period from "__" _______ ___ ___ __ "__" _______ ___ / Payment receipts and bank statements on the payment of accrued housing and utility payments / payment receipts, which indicate that payment of debt for a specific The period was made by the defendant on debt receipts / payment receipts, which confirm the absence of debt debt to pay for utility payments for concrete Period / other documents.

6. Documents confirming that the claimant's claim on debt collection covers the period for which the plaintiff previously demanded to recover the debt in court, and it was refused to satisfy such a claim: the decision _______ of the court from "__" ________. N _____, which entered into The legal force, which was denied to satisfy the claims of the claimant for recovery from the defendant for paying for the residential premises and utilities for the period from "__" _______ ___ ___ ___ _______ ___ / other documents.

7. Documents confirming the claim by the plaintiff of the statute of limitation: the statement of claim from "__" _______ ___ / calculation of the defendant's debt for the period from "__" _______ ___ ___ ___ _______ ___ / other documents.

8. Power of attorney from "___" _________ ____ N ______ (if the objection is signed by the representative of the defendant).

9. Copy of objections with applications for the plaintiff.

"___" __________ ____

Respondent (representative):

_________________ / Petukhov O.A.

One of the indicators of the effective work of the management organization is the collectionability of payments for housing and communal services. The owners of the premises will always be caused by the accumulation of debt. Find out which debt collection methods exist, and in what situations they can be applied.

Observe why debt accumulated

Timely and full payment of housing and communal services is the obligation of the owners of the premises (Art. 153 LCD RF). Such a duty arises from the moment of registration of the ownership of the premises.

Owners of apartments I. non-residential premises Not always responsible belong to the obligation to pay the LCA. Causes of non-payment of accounts may be different. Part of the owners accumulates short-term debt due to the fact that they were temporarily absent in the room and did not receive payment documents. For example, were on a business trip or treated in a medical institution.

Other residents do not pay on accounts systematically, accumulate huge amounts of debt. Someone believes that the management organization improperly fulfills its duties, others believe that natural resources Belong all citizens on equal rights.

Depending on which group includes a debtor, the management organization can choose the debt collection mechanism: an informational and explanatory, claim-to-claim work, restriction or suspension of public services. Let us discuss the main techniques of each of the debt collection mechanisms.

Official work

A common way to motivate a resident to pay for receipts - accrual of penalties. Let us notify the debtor in writing that for late payment of housing and communal services you are forced to charge him from penalties. Explain that the duty fee must be made no later than the date established in the management contract or a certain decision of the general meeting of the owners of the premises in the MCD (part 1 of Art. 155 LCD RF).

If the management contract or OSS has not yet determined the date of making the fee for the LCA, the last day of the date of payment is considered the tenth of the month (Article 190-192 of the Civil Code of the Russian Federation). Payment will be considered overdue from the eleventh number in accordance with paragraph 30 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 27.06.2017 No. 22.

There are residents who do not understand how the amount in the receipt is calculated, so they do not pay bills. In this case, the debtor can be called and invited to receive to the head of the managing organization or chief accountant. In the course of the conversation, tell the owner that the non-payment of accounts leads to the accrual of penalties, the indictment of the testimony of instructors of accounting is to accrual the amounts in receipts on standards.

Another option to peacefully solve the problem is to conclude an agreement on debt repayment with the debtor. So the consumer will be able to avoid restrictions and suspension of utilities and redeem duty in a convenient order for it.

Tell the debtor about the conditions on which you propose to conclude an agreement on repayment of debt. Specify in the Agreement:

validity,
consequences in violation of obligations
details of the parties.

Invite the consumer to choose the debt payment procedure: at a time or by installments. If the owner is ready to pay for a debt with one payment, incorporate the amount of debt, the period of its education and the estimated date of payment.

Not the most common way to work with debtors for housing and communal services is to offer the owner to work out debt. Development of debt instead of paying the LCA is considered to change the payment method provided by Art. 409 of the Civil Code of the Russian Federation. The most convenient in this case is the contract of the relatives concluded in writing in accordance with Art. 161 of the Civil Code.

Restriction or suspension of

If the debt of the owner exceeds the amount of two monthly sizes of a communal service, calculated from the standards of its consumption, the management organization has the right to limit or suspend the provision of utilities in accordance with the Decree of the Government of the Russian Federation of 06.05.2011 No. 354.

For debts, it is possible to limit the supply of hot water, electricity, gas supply or drainage service.

The management organization should inform the debtor on the restriction or suspension of the communal service, sending him a written notice. The provision of KU may be limited within 20 days from the date of receipt by the owner of such a notification.

At the same time, the management organization needs to be remembered that the restriction or suspension of public services should not lead to a violation of the rights and interests of other residents of an apartment building fully fulfilling their obligations (Section 11 of the Government Decisions of the Russian Federation of 06.05.2011 No. 354).

Technical features of the house do not always allow you to suspend or limit the provision of utilities in one room.

Claiming work

It happens that information work on the recovery of debt does not bring results and the management organization is forced to apply to the court. The debt on the residential premises is charged in the court of general jurisdiction.

The management organization does not always have to win a matter of recovery of debt, as there are valid reasons for non-payment by the owners of housing and communal services:

long delays wagespensions;
severe financial position of the owner or employer;
disease of the owner of the premises or members of his family;
the presence of people with disabilities, minor children and other incapacitated citizens.

Such cases are considered separately and require documentary confirmation.

If the court arises to the side of the managing organization, it will be given a court decision or order. The court decision is attached to the court decision. As soon as the UO receives these documents, it can proceed to the recovery of debts.

The requirement for recovery of debt for housing and communal services is included in the list of requirements for which the judicial order is issued (Article 122 of the Civil Code of the Russian Federation). It is possible to take advantage of the court order to recover the debt on mandatory payments and contributions from members of the HOA, LCD, RCS.

To recover in the court of general jurisdiction can be a sum that does not exceed 500,000 rubles.

You can fulfill a court decision in two ways: to recover the amount through the bank or contact the bailiffs. Work through the bank is easier and faster. To do this, you need to submit an executive list to the bank, where the debtor discovered the account (Art. 8 of the Federal Law of 02.10.2007 No. 229-FZ).

If you do not know, in which bank is serviced by the debtor, take the executive list to the bailiff service. Bailiff can send executive document In the accounting department at the place of work of the debtor or impose an arrest on his property.

Also bailiff It is entitled to impose a ban on the departure of the debtor abroad if the amount of the debt exceeds 30,000 rubles. Such a measure is effective when working with non-payers who have funds to pay housing and communal services, but there is no desire to pay.

The issue of recovery of debt for housing and communal services is, on the one hand, the simplest, and on the other - the most common. With apparent simplicity and legal certainty, there are several important points that lawyers are not always interpreted. In this article, we will try to remind the basic rules for recovery of debt with individuals, as well as consider several of the most common questions that arise from the residents of the forum.

1. A lawsuit or judicial order?

Article 122 of the Code of Civil Procedure of the Russian Federation establishes the basis for issuing a judicial order. One of the grounds is the requirement for recovery of debt for paying for residential premises and utilities, as well as telephone services. Wherein, in order of ordinary production, it is possible to recover the debt of no more than 500 thousand rubles (Article 121 GPC of the Russian Federation).

An application for a judicial order is submitted to the court for general rules of jurisdiction: at the place of residence of the debtor or the location of the property (if the place of residence is not known).

According to claim 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2017 No. 22 "On some issues of consideration by the courts of disputes on the payment of utilities and residential premises occupied by citizens in an apartment building under a social hiring agreement or owned by him on the right of ownership", claims for recovery The amount of debt on the payment of residential premises and utilities not exceeding five hundred thousand rubles is subject to consideration in order of ordinary production ( paragraph 1 of Part 1 of Article 23, part 1 of article 121, paragraphs tenth and eleventh Article 122. Code of Civil Procedure of the Russian Federation).

In case of accepting a statement about making a court order to recover the debt on paying for residential premises and utilities, the world judge denied the grounds specified in paragraph 3 of Article 125 of the Code of Civil Procedure of the Russian Federation, or the judicial order issued according to these requirements was canceled (Article 129 Code of Civil Procedure of the Russian Federation), these requirements can be considered in accordance with the procedure for claims, including simplified production.

2. How to apply for a judicial order if the owner is a minor?

In accordance with paragraph 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 27.06.2017 No. 22 "On some issues of consideration by the courts of disputes on paying utilities and residential premises occupied by citizens in an apartment building under a social hire agreement or owned by him on the right of ownership", in The case, if the owner of the residential premises (share) is a minor, then the obligation to pay for residential premises and utilities carry his parents, regardless of the fact of the collaboration with him (Articles 21, 26, 28 of the Civil Code of the Russian Federation and Article 56, 60, 64 of the Family Code of the Russian Federation).

At the same time, minors aged 14 to 18 years have the right to independently contribute to the residential premises and utilities. If there are deficiencies in minor funds, the obligation to pay for residential premises and utilities subsidiaries is assigned to his parents (Article 26 of the Civil Code of the Russian Federation).

Thus, the debt for the children's owners is charged with both parents. At the same time, one statement is issued on issuing a judicial order to recover debt from parents jointly.

Recall that joint responsibility - This is the joint responsibility of persons arising, in particular, with the indivisibility of the subject matter.

3. Is the procedure for recovery for the equity and joint ownership?

There are quite a lot of MKD premises are in collaborative or equity property. Article 244 of the Civil Code of the Russian Federation establishes that, property may be in common with the definition of the share of each of the owners in principle (share ownership) or without the definition of such shares (joint property).

If the room in the MKD is in equity ownership,the apostate owner of the premises should be submitted to a separate application indicating the amount of debt (which must be calculated in proportion to the proportion of ownership).

In paragraph 2 of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2016 No. 62 "On some issues of applying the provisions of the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation on Ordering Production", it is indicated that world judge, court of Arbitration returns an application for the issuance of a court order Based on the first part of Article 125 of the Code of Civil Procedure of the Russian Federation, part 1 of article 229.4 of the APC of the Russian Federation, including if, in the application for the issuance of a court order contains the requirements for several debtors whose obligations are equity.

Also, the room may be in joint ownership (without specifying the share in the right) - often meets in apartments decorated in property until 1997. According to Part 1 of Article 253 of the Civil Code of the Russian Federation, participants in joint ownership, unless otherwise provided by the agreement between them, they own and enjoy common property. In this case, by general rule, the debt from the owners is accumulated in solidarity in one statement about the issuance of a court order.

4. Is it possible to recover penalties and judicial extents?

A clear and unequivocal answer to the question about the recovery of penny gave Supreme Court RF. In accordance with paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2016 No. 62 "On some issues of applications by the courts of the provisions of the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation on Ordering Production", under the money that is subject to recovery in order of ordinary production, the amount of the principal debt, as well as accrued on the basis of federal Law or a contract of interest and penalties (fine, penalty), the amount of mandatory payments and sanctions, the total amount of which at the time of filing an application for the issuance of a court order should not exceed: five hundred thousand rubles - according to the statements considered by the global judges, including statements about recovery movable property from the debtor (part of the first article 121 Code of Civil Procedure of the Russian Federation), four hundred thousand rubles and one hundred thousand rubles - according to the statements considered arbitration courts (paragraphs 1 - 3 of Article 229.2 of the APC RF).

The amount of the monetary amount specified in the application for the issuance of a court order must be determined in solid monetary sum And it is not subject to recalculation on the date of issuance of a judicial order, as well as the actual execution of the monetary obligation.

Regarding the legal costs associated with the payment of services, the representatives are not so unequivocal. And in different regions of our immense homeland, the courts are different about this issue.

So, according to insider information, at the end of 2017, Belgorod Regional Court he gave explanations to the judges in connection with the incoming issues, are subject to the recovery court costs for the payment of the representative of the representative (services for drawing a statement on the issuance of a court order) on cases considered in order of ordinary production. "Civil procedural legislation proceeds from the fact that the criterion for the award of court costs, part of which are the costs associated with the consideration of the case, when deciding is to conclude a court on the legality or unlawfulness of the claim declared by the plaintiff.
In order production, the judicial order is made by the judge on the undisputed requirements confirmed by written evidence, without a trial and challenge of the parties to hearing their explanations; The objection to the debtor regarding the execution of a court order entails his abolition without finding out the issue of the legality of the declared requirement with explaining to the recoverer of its right to present the claimed requirement in accordance with the procedure of claim (part 1 of article 121, part 2 of Article 126, Art. 129 Code of Civil Procedure). Therefore, the distribution of court costs between the recoverer and the debtor of the judge in the issuance of a court order is not carried out - with the exception of the state duty to be recovered from the debtor in favor of the recoverer or the relevant budget income (paragraph 8 of Part 1 of Article 127 of the Code.

At the same time, there is a direct opposite practice (the courts in order of ordinary production are not charged large sums For payment of the representative of the representative), which lawyers are divided on the forum.

And of course, two without three does not happen! There is a third point of view, according to which executive expenses need to be recalled after submitting a court order by submitting a separate application. Motivate this point of view by the fact that according toclaim 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 21, 2016 No. 1 "On some issues of applying legislation on the costs of costs related to the consideration of the case", after the subtractive judicial act on the case, the person participating in the case is entitled to apply to the court The question of the court costs incurred in connection with the consideration of the case, whose refund was not stated in its consideration. Judicial practice also contains examples when the courts satisfy the demands of the parties to recover court costs in the form of services of the representative, according to the application filed after making a court order.

Apparently, the final point in this matter can only be put on the Supreme Court of the Russian Federation.

According to the Minister of Construction and Housing and Civil Code of the Russian Federation, Mikhail me, the current debt on utility payments in Russia exceeds 1.3 trillion rubles. The Minister said that the Governing Organizers (UN) were formed most of the debt, which are not in time to make a fee for utilities consumed by residents serviced apartment houses (MKD). The government intends to reduce the amount of debt formed, removing intermediaries (managing organizations) between resource-supplying organizations (RSO) and finite consumers of services.

We hope to solve this problem by eliminating mediators between citizens-consumers of utilities and resource-supply companies. This will make it possible to reduce the amount of debt for the resources.

Mikhail Men, Minister of Construction and Housing and Civil Code of the Russian Federation

However, the debts of the UO before RSO arise not by themselves, but due to the non-payment of citizens living in managed MKD. According to Rosstat, the average debt amount of the unscrupulous user of utilities is about 50 thousand rubles. And this money must be recovered before the start of the heating season.

Recovery of communal debt

Conditionally work with the debt of citizens before the WE can be divided into two large stages:

Debt recovery in pretrial order.
Debt recovery in court.

At the first stage, preventive measures are presented to the defaulter:

direction of notice of debt availability;
discussion of the current situation in the general meetings of the owners of residential and non-residential premises in the MKD;
other pre-trial and claim work.

At the second stage there is a judicial recovery. As a rule, in the form of ordinary proceedings.

Debt recovery procedure in pretrial order

Failure to serve as consumers of terms and amounts of payment for the use of utility services give the right to apply various measures to combat non-payers.

1. Notification of the consumer about the presence of debt.
First of all, it is necessary to notify the consumer of utility services about the debt formed. It is possible that he does not know about her, forgot, did not have the opportunity to pay earlier and ready to make a fee for consumed services. Here you can download a sample notification of debt recovery.

2. Accrual of penalties.
In the event that the debt was formed at least in three months, from a non-payer, you can collect penalties (fine) in the amount of the 1/300 refinancing rate of the Central Bank of the Russian Federation for each day of delay in the first 90 days and 1/130 refinancing rates - for each subsequent day . (Section 14 of Part 14.1 of Article 155 of the Housing Code of the Russian Federation). The penalties are charged on the primary debt and increases daily until the debt repayment in full.

3. Formation of the list of debtors and its publication on the bulletin board or in the local press.
Measure designed to provide a psychological impact on consciousness of citizens who avoid paying utilities. Not very an effective wayAnd there is a danger to mistaken on the list of tenants that regularly pay bills.

A similar error may cause citizenship to court. For example, on September 17, 2012, the Nazarovsky city court of the Krasnoyarsk Territory issued in case No. 2-43 / 12 "On Protection of Honor and Dignity" Decision To oblige NO publicly disprove information about the claimant for utility payments and recover from non-compensation of moral damage caused A citizen who appeal to the court.

4. Direction of the official claim to the debtor.
The claim is drawn up according to a model of notification of debt, sent by registered letter with the notification or is awarded personally under the painting. For most debtors, the claim is a decisive argument in favor of repayment of debt. Having received an official document, they are sent to extinguish the debt, fearing the onset of negative consequences. If, after receiving the claim, the debtor will fully pay off the arrears formed, the case must be closed without any sanctions against it.

5. Conclusion Agreement on debt repayment.
If, after receiving the claim, the defaulter did not pay off the debt, most likely he will contact the remittance to pay for the debt when the possibility appears. In this case, you can conclude an agreement on debt repayment, in which it is necessary to register a payment schedule with an indication of the exact amount at each stage.

6. Restriction or suspension of the provision of a communal service on which debt arose.
If, after the reference direction, the defaulter did not pay off the debt, including in accordance with the agreement on its phased repayment, it can be limited in obtaining a communal resource. This is one of the extreme measures to which the UO is resorted. The possibility of its application is prescribed in the rules for the provision of housing and communal services (approved by the Decree of the Government of the Russian Federation of May 06, 2011 No. 354). Debtors are disconnected from electricity and hot water supply. However, legislation prohibits the disconnection of heating and cold water, guided by the fact that it can make a living room unsuitable for further operation.

This measure is set for a period of one month, during which the defaulter is given the opportunity to voluntarily repay the debt. Citizens who have disconnected water or light feel uncomfortable and make a maximum effort to pay with debts as soon as possible. In the event of payment of the entire amount of debt (including penalties), the UO is obliged to resume the submission of a communal resource within two days.

7. Limit travel abroad.
The presence of debt for utilities can be an obstacle for a business or tourist trip outside Russia. If you submit information about the defaulter to the Rosreestr, the border will close for it. Part 3 of Article 31 of the Housing Code of the Russian Federation consolidated the joint responsibility of the defaulter and members of his family. So they will not be able to leave abroad to full repayment Debt.

8. Mediation.
The procedure for an extrajudicial resolution of disputes with an intermediary who has no personal interest in solving the problem. In the event of the conflict threat between the defaulter and the UO, it is not recommended to work with the debtor personally, but with the help of an intermediary. For example, a specially created commission for working with debtors under the administration municipal Education. The functions of the Commission are limited to the establishment of a dialogue between the UO and the defaulter, identifying the true causes of debt education, the development of ways and debt repayment methods.

If all the methods of pre-trial work with a defaulter were not crowned with success, it is necessary to proceed to the recovery of debt in court. It is important to work on pre-trial settlement Problems as early as possible, without waiting for the expiration of the recovery of debt on utility payments, which is three years (Article 196 of the Civil Code of the Russian Federation). Otherwise, as evidenced arbitrage practice recovery communal debtThe court may refuse to satisfy the claims.

What other measures can be taken in relation to non-payers

As a rule, the UO is trying to recover the debt on their own, without bringing the case to trial. Especially if the debt period exceeded the limit limit limits. However, increasingly dealing with debt recovery is transferred to banks or collector agencies.

Collectors often go beyond the boundaries of the pervolored and charge money by illegal methods.

Another way is to limit the consumption of electricity, and, if necessary, completely disable the subscriber from the network. Manually do it for a long time and invoice - you need workers who will go to the desired entrance and put fillings on the counter.

It is much easier to implement automated system Accounting for electricity with the ability to remotely limit and disconnect non-payers.

We help automate the accounting of energy resources on any sites: MKD, SNT, RSO, enterprise.

Pluses of automated dispatch:

Disabling non-payers in two clicks from anywhere where there is Internet;
hourly expense statistics online - see the Demo of the Personal Cabinet;
formation of Excel files with hourly data consumption of utility resources;
the accountant will have all the data on the hands of the 25th day;
connecting up to 2,000,000 metering devices within a radius of 10 km without the need to purchase an additional base station, repeaters and concentrators.

The "Strege" system uses LPWAN technology with a radius of 10 km, without hubs and repeaters.

Wireless solutions for water dispatch / electricity / gas

In the continuation of the article.

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