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Every homeowner or tenant is required to pay all utility bills that come to them monthly. Electricity and water are paid based on meter readings, other payments are calculated according to tariffs. The economic situation is such that not everyone is able to make timely payments on utility bills. As a result, debt arises. If this is the first time a citizen has had such a situation, the state can meet him halfway and write off his utility debt. Will utility debts be written off? To get rid of debt, you need to familiarize yourself with the laws that regulate the procedure for dealing with such a situation.

How to write off a debt in a management company

Organizations that manage the common property of residents of apartment buildings on the basis of an agreement control the persons who have arrears for utility services. Management companies may decide to restructure the debt or write it off, but this is not in their area of ​​interest, so they are in no hurry to make such a decision. It is possible to force them to write off the entire amount accumulated due to non-payment only through the court. In order for the court to make a positive decision, it is necessary to prove that the debt arose for a good reason.

Important! If there is no desire to go to court, then the apartment owner should obtain a subsidy for utility bills to facilitate payments. You won't be able to write off the funds, but the amount on the receipt will decrease. The benefit is regulated by articles number 159 of the Housing Code of the Russian Federation.

Citizens whose total income is less than 88% of the total amount of all utility payments can count on it. The income also applies to persons under the age of majority who legally live with the debtor. To be granted a benefit, a person must confirm the income level of all capable family members and submit an agreement with the management company on the gradual closure of the debt.

Legal justification

It is possible to write off debts in full in the following situations:

• the death of the apartment owner who incurred a debt;
• liquidation of a legal entity that is the owner of the premises;
• bankruptcy of the citizen in whose name the premises are registered;
• expiration of the statute of limitations for payment of utility bills by the homeowner;
• recognition of a citizen's insolvency.

If the statute of limitations for rent has expired, then the owner of the living space has the right not to recognize the debt for utilities and then they will be written off. This situation is real if the debt has been accumulating for three years and none of the services has made any claims to the owner. This happens very rarely, since in most cases the apartment owner begins to be reminded of the debt less than six months after its formation. If a person in court can prove that he has not been reminded of the debt for 3 years, then the court can write off the funds based on the expiration of the statute of limitations. The main thing is that during this time no documents acknowledging the debt are signed and no utility payments are made for this period. If even part of the amount has been paid, then the application of the statute of limitations law will become impossible, which means it will not be possible to write off utility bills.

Important! Will utility debts be written off if the owner of the apartment is unable to work? This is a reason to write off the debt if the owner had a good reason not to work, and he can prove it. A valid reason is injury, mental disorders or pathological conditions.

How to write off housing and communal services debts by declaring yourself bankrupt? To implement this, a citizen needs to file an application for declaring him bankrupt. To make such a decision and write off funds, the court needs justification - the absence of a permanent place of work for three years and a debt on loans and other payments of more than 500,000 rubles. The debt is not always written off as a result of the proceedings. Sometimes the court decides to auction off the debtor’s property, including real estate, and thus pay the entire amount that has accumulated during the insolvent period. If there is not enough money, the balance will be written off by a court order.

The reason for writing off is the death of the owner of the premises, but only in the absence of heirs. Based on the Civil Code of the Russian Federation, the heirs will receive not only property, but also all existing debts. If the deceased only had debts, they will be written off, since without property they are not inherited.

Debt restructuring

Utility services do not always resort to collecting debts for services through the courts. They can reach an agreement with the citizen to restructure the debt rather than write it off. It is impossible to get rid of the accumulated amount here, but it is possible to make payments in installments. To do this you will need the following package of documents:

• identification document;
• certificate of temporary disability;
• certificate of family composition;
• income certificate;
• certificate of ownership of the apartment.

If all documents are in order, an agreement is signed. If the specialists of the management company filed an application in court, the claim will be canceled by agreement of the parties. If the user does not provide evidence of a valid reason for non-payment, his application will be rejected. The claim will not be cancelled.

Reduced utility bills

Writing off debts on utility bills is not always possible, but reducing utility bills is much more realistic. Benefits of payments for housing and communal services are provided to the following categories of citizens:

• Persons with disabilities. According to the Federal Law, citizens of this category receive benefits in the amount of 50%. Benefits are provided not only as part of federal support, but also by law adopted by authorities at the local level. In the new version of the law, benefits were not abolished.
• Combat veterans. Family members are entitled to a discount on rent payments, and it is 50%.
• Pensioners. These benefits are given only if the income of all family members of the pensioner is less than 88% of the amount of payments. Another condition is the absence of debt or the presence of a court order that the amounts are written off when the statute of limitations has expired.
• Large families. The presidential decrees also affected families with three or more children. They are given a 30% discount on utilities and fuel. In 2019, they are entitled to benefits, since there have been no changes in the new version of the decree.
• Teachers working in rural areas. They receive a discount from the local or federal budget. These benefits have not been cancelled.

Important! The President of the Russian Federation regularly provides Russians with measures within the framework of state support to improve their financial situation. This also applies to utility bills. In 2019, Putin indicated that he would continue to do everything possible to help Russians improve their quality of life.

Punishment for non-payment of bills

If the debtor deliberately refuses to pay his bills and the debt appears not for the first time, then he will not be able to write off the funds. Debt forgiveness will only occur if the statute of limitations has expired. In other cases, the management company sues the user and all claims will be set out in the lawsuit. It is useless for a citizen to fight the organization, since he used public services but did not contribute money. The decision will not be in his favor. After the end of the trial, the bailiff service has the right to seize the user’s accounts and property. Bailiffs, without lifting the arrest, deprive the citizen of the opportunity to cross the border of the Russian Federation. To get rid of restrictions, you need to transfer all funds to the management account. Once utilities are paid, restrictions will be lifted.

Important! Writing off debts for utilities becomes possible when a citizen has a good reason not to make payments on receipts. The state will always meet you halfway. You can take advantage of the expired period or temporary disability and then the accumulated amounts are written off. To prove the existence of a good reason, you can write a petition to the management company.

You can do this yourself without contacting a legal service. If the management company was unable to get rid of debt obligations and write off the funds, then it is recommended to go to court. To win your case and get your debts forgiven, it is recommended to seek legal advice. If this is not possible, you can ask a lawyer online free of charge. Sometimes it is possible to write off the funds completely or split the debt into several payments.

Introduction

1. General legal characteristics of accounts receivable in the field of housing and communal services

Conclusion

Applications

Introduction

Relevance of the work. Recently, in our country, little attention has been paid to the problem of managing accounts receivable, because the rules of the game that have developed in the Russian market have made it possible to obtain large profits by Western standards due to factors that have nothing to do with optimizing the limited resources involved in production. However, the days of making easy profits are over and therefore enterprises are forced to manage accounts receivable in such a way as to minimize all possible costs without disrupting the implementation of the production program.

Effective legal management of receivables from housing and communal services enterprises (hereinafter referred to as housing and communal services) is today one of the primary tasks in the public utilities sector, the solution of which requires not only a comprehensive study of a number of theoretical and legal provisions of intersectoral disciplines, but also a serious scientific approach to the study of judicial and law enforcement practice.

It is worth noting that of all areas of activity of housing and communal services enterprises, the most extensive and problematic is the supply of resources and energy. Currently, household debt for utility bills is the most common type of household debt. Therefore, the vast majority of disputes being resolved in courts of general jurisdiction arise between resource supply organizations of housing and communal services and individuals and legal entities. In this context, the study of legal regulation of the collection of receivables from individuals and legal entities in the field of housing and communal services (hereinafter referred to as housing and communal services) becomes particularly relevant.

The object of the study is the totality of social relations that arise during the legal regulation of the collection of receivables at housing and communal services enterprises between resource-saving organizations and individuals and legal entities.

The subject of the study is a complex of legal problems associated with the collection of receivables from individuals and legal entities to resource supply enterprises.

The purpose of the final qualifying work is to consider the legal regulation of the collection of receivables from counterparties to resource supplying enterprises.

To achieve the goal of the study, the following tasks were set:

1. study the concept, essence and content of accounts receivable;

2. explore the legal regulation of accounts receivable;

3. consider the grounds for the emergence of contractual relations and receivables;

4. analyze the pre-trial procedure for collecting receivables;

5. disclose the judicial procedure for collecting receivables;

6. determine the procedure for executing court decisions on the collection of receivables.

The regulatory and legal basis for the work is the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Housing Code of the Russian Federation, Federal Law dated October 2, 2007 No. 229 “On Enforcement Proceedings,” a number of by-laws, in particular, Decree of the Government of the Russian Federation dated 23 May 2006 No. 307 “On the procedure for providing public services to citizens”, Decree of the Government of the Russian Federation of February 12, 1999 No. 167 “On approval of the Rules for the use of public water supply and sewerage systems in the Russian Federation” and others.

The theoretical basis of the work was the works of civil lawyers, lawyers, jurists, specialists in the field of legal regulation of receivables, in particular, S.S. Alekseeva, I.V. Berenshtein, Braginsky M.I., Vitryansky V.V., Konyukhov L.I., G.I. Kuzmina, V.G. Meshalkina, I.V. Nikolaenkova, Yu.K. Tolstoy, A.P. Sergeeva, E.A., Sukhanova, L.N. Chernyshov and others.

The methodological basis is the dialectical method of cognition, which allows one to study a subject in its development, as well as in the interrelation of all its individual manifestations and in interaction with related phenomena. Within its framework, the results obtained were achieved using a number of general scientific and specific scientific research methods: logical, system-structural and functional analysis, etc. When conducting the research, special legal methods were also used: comparative legal, formal legal, methods of interpretation, etc.

Work structure. The final qualifying work consists of an introduction, two chapters, including paragraphs, a conclusion, a list of references and an appendix.

1. General legal characteristics of accounts receivable in the housing and communal services sector

1.1 Concept, essence and content of receivables

Debtor, debtor (from the Latin word debitum - debt, obligation) is one of the parties to a civil obligation of a property connection between two or more persons.

Accounts receivable is the amount of debt owed to an enterprise from other legal entities or citizens.

The occurrence of receivables in the system of non-cash payments, as well as settlements of the counterparty directly with housing and communal services enterprises, represents an objective process of the economic activities of these enterprises.

According to the nature of formation, receivables are divided into normal and unjustified. Normal debt of an enterprise includes that which is due to the progress of the enterprise’s production program, as well as current forms of payment (debt for claims made, debt owed to accountable persons, for goods shipped for which the payment period has not yet arrived). Unjustified receivables are considered to be those that arose as a result of violation of accounting and financial discipline, existing shortcomings in accounting, weakening of control over the supply of material assets, the occurrence of shortages and thefts (goods shipped but not paid on time, debt for shortages and thefts, etc. ).

Accounts receivable are an important component of working capital. When one enterprise sells goods to another enterprise, it does not mean at all that the cost of the goods sold will be paid immediately.

Currently, in connection with the transition to a new chart of accounts and a new system for accounting for receivables, the following types are distinguished: receivables from buyers and customers, citizens, subsidiaries, dependent partnerships, jointly controlled legal entities, other receivables, deferred expenses, receivables debt on accepted energy resources.

Accounts receivable from municipal housing and communal services organizations mean debt associated with the provision of housing and communal services, including:

Debt of consumers of housing and communal services - citizens (tenants and owners), budgetary organizations, industrial enterprises and other consumers;

Debt of budgets of all levels to finance enterprises of the housing and communal services complex, aimed at compensating losses from the sale of services at regulated prices, to compensate for the difference in tariffs for housing and communal services;

Debt of budgets of all levels to finance expenses caused by production activities that were not provided for when forming an economically justified tariff.

Utilities include: cold and hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating). The amount of payment for utility services is set by local governments.

Payment for residential premises and utilities is paid monthly before the 10th day of the month following the expiration of the month, unless a different period is established by the apartment building management agreement, which is established by clause 1 of Art. 155 Housing Code of the Russian Federation. This provision allows you to set a different deadline for making payments. Since the terms of the management agreement are approved by the general meeting of premises owners (clause 1 of Article 162 of the RF Housing Code), this deadline for making payments can also be established or changed by decision of the general meeting of premises owners.

If the owners and tenants of the premises fail to fulfill their obligations to pay for residential premises and utilities, a receivable arises.

Sources of receivables may be: non-compliance with contractual relations; abuse of borrowed funds; bankruptcy of enterprises; inflation; chronic consumer non-payments; reduction in investment; lack of accounts receivable management.

1.2 Legal regulation of receivables

Accounts receivable are regulated by the following legal acts: Tax Code, Civil Code, Resolutions of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 8, 1998 No. 13-14 “On the practice of applying the provisions of the Civil Code of the Russian Federation on interest for the use of other people's funds”; Regulations on accounting and financial reporting in the Russian Federation, approved by Order of the Ministry of Finance of the Russian Federation dated July 29, 1998 No. 3 and which came into force on January 1, 1999, Order of the Ministry of Finance of the Russian Federation dated March 10, 1999 and No. 19 "On approval of the form" Decoding of accounts receivable and accounts payable of the organization", Letter of the Ministry of Finance of the Russian Federation dated 07/09/2004 No. 03-03-05/2/47 "On writing off accounts receivable".

In all cases when a person opposing an organization - a creditor in a legal relationship, has an obligation, the subject of which is a debt - a debt obligation, or a previously existing other obligation is transformed into a debt, the creditor has a right, the subject of which is the demand for payment (transfer, return) this debt is a property right of claim.

Fulfillment by the debtor of his debt obligation and receipt by the creditor of the corresponding satisfaction terminates the obligation, but if the debtor violates the terms of the obligation and does not return the debt to the creditor, the subject of legal relations between the creditor and the debtor becomes the receivable.

The creditor organization must direct the funds received from debtors in order to pay debts to pay off accounts receivable for each individual claim.

Relations related to heat, water, gas supply through the connected network by virtue of Art. 548 of the Civil Code of the Russian Federation, are regulated by the provisions of Art. 539-547 Civil Code of the Russian Federation. Also, the rights and obligations for the provision of energy by resource supplying organizations to housing and communal services consumers and their payments are regulated by the Housing Code of the Russian Federation.

In addition, the parties to resource supply relations are established by Federal Law No. 210-FZ of December 30, 2004 “On the basis for regulating tariffs of public utility organizations.” This provision was further developed in the Rules for the functioning of retail electricity markets during the transition period of reforming the electric power industry, approved by Decree of the Government of the Russian Federation dated August 31, 2006 No. 530. According to paragraph 3 of the Rules for the functioning of retail electricity markets, consumers of electricity and providers of utility services purchasing electricity for the purpose of providing utility services to citizens are subjects of retail markets. According to paragraph 2, buyers of electrical energy, in particular, are consumers, suppliers of last resort, energy sales organizations, energy supply organizations, providers of public services and producers of electrical energy who purchase electrical energy on the retail market for their own needs and (or) for the purpose of resale (providing public services ).

The issues of providing utility services and the system of payments for accepted energy are regulated by Decree of the Government of the Russian Federation of May 23, 2006 No. 307 “On the procedure for providing utility services to citizens” (until this point, the Rules for the provision of utility services approved by Decree of the Government of the Russian Federation of September 26, 1994 were in force. No. 1099 as amended on February 1, 2005, No. 49.). These rules were approved by the Government of the Russian Federation in order to protect the rights of consumers of utility services, in accordance with Art. 157 of the Housing Code of the Russian Federation, which provides for the amount of payment for utilities.

The rules regulate the relationship between providers and consumers of utility services, establish their rights and obligations, responsibilities, as well as the procedure for monitoring the quality of provision of utility services, the procedure for determining the amount of payment for utility services using metering devices and in their absence, the procedure for recalculating the amount of payment for certain types utility services during the period of temporary absence of citizens in the occupied residential premises and the procedure for changing the amount of payment for utility services when providing utility services of inadequate quality and (or) with interruptions exceeding the established duration.

These Rules apply to relations relating to the provision of utility services to citizens legally residing in residential premises of private, state and municipal housing funds.

Section 2 of the Rules lists the requirements for the provision of public services; the procedure for calculating and paying fees for utility services is contained in section 3 of the Rules; Sections 4 and 5 contain provisions on the rights and obligations of the contractor and the consumer. Section 8 of the Rules regulates the procedure for establishing the fact of non-provision of utility services or provision of utility services of inadequate quality.

1.3 Grounds for the emergence of contractual relations and receivables

Accounts receivable to housing and communal services enterprises arise in cases of non-payment of received energy on time by citizens, performers and organizations that are consumers of the supplied energy of these enterprises.

According to Art. Art. 154, 155 of the Housing Code of the Russian Federation, clause 7 of the Rules for the provision of utility services to citizens, approved by Government Decree No. 307 on May 23, 2006, payments for utility services are received by resource-supplying organizations from the providers of these services: from homeowners' associations (HOAs), housing cooperatives (HCs) ), other specialized consumer cooperatives, management organizations, or in the absence of an agreement with the utility provider - from the owners of the residential building.

By the concept of “executor” the Rules understand a legal entity, regardless of its legal form, as well as an individual entrepreneur, providing utility services, producing or purchasing utility resources and being responsible for maintaining in-house engineering systems, with the use of which utilities are provided to the consumer, and the concept of “ consumer" - a citizen who uses public services for personal, family, household and other needs not related to business activities.

The performer may be:

management organization;

homeowners association;

housing construction, housing or other specialized consumer cooperative;

another organization that produces or acquires utility resources (with the direct management of an apartment building by the owners of the premises).

If the owners of premises in an apartment building (in the case of direct management of such a building) or the owners of residential buildings do not have an agreement concluded with the contractor, these owners enter into an agreement on the purchase of cold water, hot water, electricity, gas and heat energy, as well as on sewerage directly with the relevant resource supply organization.

In this case, the resource supplying organization is responsible for the mode and quality of supply of cold water, hot water, electricity, gas and heat energy, as well as wastewater disposal at the border of networks that are part of the common property of the owners of premises in an apartment building or belonging to the owners of residential buildings, with communal infrastructure systems.

In this case, maintenance of in-house engineering systems is carried out by persons contracted by the owners of premises in an apartment building or by the owners of residential buildings, or by the indicated owners themselves, unless otherwise provided by the contract with the resource supplying organization.

As you know, any services provided entail certain responsibilities that should not contradict the legislation of the Russian Federation. In order to secure the rights and obligations of the parties, a specific agreement on the provision of services must be concluded between them.

In itself, a contract is an agreement between two or more persons that establishes, changes or terminates their rights and obligations.

The parties to the agreement can be both individuals and legal entities, including various public legal entities (international organizations, the state, municipalities, etc.). The contract is used in three meanings: as a legal relationship; as a legal fact giving rise to obligations; as a document recording the fact of the occurrence of obligations at the will of its participants.

In contracts of housing and communal services organizations, one party undertakes to supply utility resources of appropriate quality and in a specified quantity, as well as to perform relevant services in accordance with the contract, and the consumer undertakes to pay for the resources accepted and services provided in the amount and terms agreed upon in the contract.

So, an agreement is a fundamental part of the relationship between a resource supplying organization and a counterparty, after which the rights and obligations of the parties arise.

We would like to demonstrate the importance of correctly drafting a contract using the example of one interesting precedent from judicial practice:

"Federal Arbitration Court of the Eastern Siberian District

Resolution

cassation authority to verify legality

and validity of decisions (decisions)

arbitration courts that entered into legal force

Federal Arbitration Court of the East Siberian District composed of:

presiding Kulakov V.I.,

judges: Gerasimova O.L., Orlova A.V.,

with participation in the court hearing: representative of the open joint-stock company "Krasnoyarsk Bread" - Nazarenko V.A. (power of attorney dated November 12, 2003),

having considered at the court hearing the cassation appeal of the open joint-stock company "Krasnoyarsk Bread" against the decision of July 15, 2003 and the resolution of September 19, 2003 of the Arbitration Court of the Krasnoyarsk Territory in case No. A33-5425/03-C1 (court of first instance: Zimina N.N. ., Zeller V.I., Chernykh A.M.; court of appeal: Bychkova L.K., Gurova T.S., Rudova L.A.),

INSTALLED:

Open Joint Stock Company "Krasnoyarsk Bread" (OJSC "Krasnoyarsk Bread") filed a claim with the Arbitration Court of the Krasnoyarsk Territory against the municipal unitary production enterprise "Vodokanal" (MUPP "Vodokanal") to force them to conclude an agreement on the supply (receipt) of drinking water and on the reception (discharge) of wastewater on the terms specified in the draft agreement.

The case was considered with the participation of arbitration assessors - Chernykh A.M., Zeller V.I.

By the resolution of September 19, 2003, the decision of July 15, 2003 was left unchanged.

In the cassation appeal against the decision of July 15, 2003 and the resolution of September 19, 2003, Krasnoyarsk Bread OJSC asks them to cancel them and make a new decision in the case. The applicant indicates that these judicial acts are illegal due to the incorrect application of substantive law by the arbitration court (Chapter 39 of the Civil Code of the Russian Federation, paragraphs 11 and 13 of the Rules for the use of public water supply and sewerage systems in the Russian Federation, approved by Decree of the Government of the Russian Federation No. 167 dated 02/12/1999). He believes that the agreement for the supply of drinking water and the receipt of waste water is not concluded, since it was concluded by the parties by performing implicit actions, but the parties have not reached an agreement for the future. In his opinion, MUPP Vodokanalsbyt does not have the right to be a party to the agreement on the supply of drinking water and on the receipt of waste water.

A representative of OJSC Krasnoyarsk Bread supported the arguments set out in the cassation appeal.

Other persons participating in the case are notified of the time and place of the court hearing.

The case is considered in the manner established by Chapter 35 of the Arbitration Procedural Code of the Russian Federation.

The District Arbitration Court considers that the cassation appeal cannot be satisfied for the following reasons.

In resolving the dispute that arose in this case, the arbitration courts of the first and appellate instances established the following circumstances that are significant for the case.

In 2000, Agreement No. 177 was concluded between the parties, the subject of which is the obligations of the parties to supply (receive) drinking water from the city water supply system and receive (discharge) wastewater into the city sewerage system.

02/04/2003 OJSC "Krasnoyarsk Bread" sent to the address of the Municipal Enterprise "Vodokanal" a draft agreement on the supply (receipt) of drinking water and on the receipt (discharge) of waste water, in accordance with clause 1.1 of which the subject of the agreement is the supply of the Municipal Enterprise "Vodokanal" and the receipt by the OJSC "Krasnoyarsk Bread" of drinking water from the water supply network of Krasnoyarsk, as well as the reception of the municipal enterprise "Vodokanal" and the discharge of waste water by JSC "Krasnoyarsk Bread" into the sewer network of the city of Krasnoyarsk.

Section 3 of the draft agreement defines the regime for the supply of drinking water and the reception of wastewater, clauses 4.1, 4.2 set limits on water consumption and wastewater discharge, and also determined the quality of drinking water, regulatory requirements for the composition of wastewater, indicators of the composition of wastewater allowed for discharge by municipal wastewater treatment plants "Vodokanal" into the sewer network of the city of Krasnoyarsk, the issues of cessation or limitation of supply (receipt) of drinking water and reception (discharge) of waste water, accounting and control were settled, the procedure, terms, tariffs and terms of payment under the contract were established, the boundaries of the operational responsibility of the parties , liability of the parties for violation of the terms of the contract, duration of the contract, procedure for making changes and terminating the contract.

MUPP "Vodokanal" in letter No. KTs-2/517 dated March 14, 2003 informed OJSC "Krasnoyarsk Bread" about the refusal to conclude an agreement as amended by OJSC "Krasnoyarsk Bread" with reference to the fact that there is an agreement signed by the parties for the supply of drinking water and reception wastewater No. 177, which fully contains the essential conditions defined by the Rules for the use of public water supply and sewerage systems in the Russian Federation. Limits on water consumption and sewerage, as well as standards for the composition of wastewater and tariffs for water supply and sewerage services are established in accordance with current legislation by local governments, as specified in Agreement No. 177.

Referring to the fact that the defendant, for whom the conclusion of an agreement for the supply (receipt) of drinking water and the reception (discharge) of waste water is mandatory, evades its conclusion, the plaintiff filed a claim on April 16, 2003 to force the Municipal Unitary Enterprise "Vodokanal" to conclude an agreement on the terms presented by OJSC "Krasnoyarsk Bread" of the draft agreement on the supply (receipt) of drinking water and on the reception (discharge) of waste water, namely: to provide for limits on water consumption and water disposal, as well as standards for the composition of waste water and tariffs for water supply and sewerage services, while considering that agreement No. 177, concluded between the parties in 2000, is not concluded.

As correctly established by the arbitration court, agreement No. 177 for the supply (receipt) of drinking water and the reception (discharge) of waste water is concluded, in which the parties agreed on all its essential terms.

By the decision of the arbitration court dated November 10, 2000 in case No. A33-4701/00-C1, the disagreements between the parties that arose during the conclusion of agreement No. 177 were resolved, including in relation to the following clauses of the agreement:

Clause 3.1.2 sets a limit for the supply of drinking water at the level of rational demand individually for each subscriber, taking into account all sub-subscribers;

Paragraph 4 of clause 3.2.3 provides for compliance with the established conditions and regimes of water consumption and discharge of wastewater and pollutants, and to prevent the discharge of substances specified in clause 63 of the Rules;

Paragraph 5 of clause 3.2.3 is stated as follows: “take measures for the rational use of drinking water, compliance with water consumption limits and wastewater disposal standards.”

In clause 9.2, the parties established that agreement No. 177 is considered to be renewed annually if one month before the end of its validity period there is no statement from one of the parties to renounce the agreement or revise it.

The plaintiff did not provide documents confirming that Krasnoyarsk Bread OJSC renounced the contract or approached the defendant with a request to revise it within the period established by clause 9.2 of the contract.

Thus, the agreement No. 177 concluded in 2000 for the supply (receipt) of drinking water and the reception (discharge) of waste water is in force between the parties; its validity has been extended to 2003 in accordance with Section 9 of the said agreement.

Since the contract for the supply (receipt) of drinking water and the reception (discharge) of waste water No. 177 was concluded between the parties in accordance with the established procedure and is in force, there are no grounds for forcing the defendant to conclude a new contract with a similar subject in the wording presented by the plaintiff.

Having checked the correct application of the rules of substantive and procedural law, the compliance of the conclusions of the Arbitration Court of the Krasnoyarsk Territory with the actual circumstances of the case and the evidence available in the case when considering case No. A33-5425/03-C1, the Federal Arbitration Court of the East Siberian District does not find grounds to satisfy the cassation appeal.

The judicial acts adopted in the case are legal; the cassation court has no grounds for canceling them.

Guided by Articles 274, 286 - 289 of the Arbitration Procedural Code of the Russian Federation, the Federal Arbitration Court of the East Siberian District

DECIDED:

The decision of July 15, 2003 and the resolution of September 19, 2003 of the Arbitration Court of the Krasnoyarsk Territory in case No. A33-5425/03-C1 are left unchanged, and the complaint is not satisfied."

We completely agree with the court's position. This precedent clearly shows the importance and obligation of the contract.

According to paragraph 1 of Article 445 of the Civil Code of the Russian Federation, the party interested in concluding an agreement sends to the other party, for whom the conclusion of an agreement is mandatory, an offer (draft agreement). The latter must, within thirty days from the date of receipt of the draft, review it and send the offeror a notice of acceptance, refusal, or notice of acceptance of the offer on other terms (protocol of disagreements to the draft contract).

Indeed, in the event of receiving a notice of acceptance of an offer on other terms, the offeror has the right either to notify the acceptor of the acceptance of the contract as amended, or to submit disagreements that arose during the conclusion of the contract to the court for consideration within thirty days from the date of receipt of such notice or the expiration of the period for acceptance.

The specified period should not be considered as a period limiting the ability of the interested party to submit disagreements under the contract to the arbitration court.

Therefore, in cases where the interested party submitted the disagreement to the court after its expiration, and the other party did not object to this, the court considers such a statement of claim on its merits.

If the draft agreement is sent by a party for whom the conclusion of the agreement is obligatory, it is obliged, after receiving the protocol of disagreements from the acceptor, to notify the latter of the acceptance of the agreement in its wording or of the rejection of the specified protocol.

If the protocol of disagreements is rejected or notification of the results of its consideration is not received within thirty days, the party that sent the protocol of disagreements has the right to submit the controversial issues to the arbitration court.

If the offeror (in the first case) or the acceptor (in the second case) fails to submit to the arbitration court within thirty days a protocol of disagreements on the terms related to the essential terms of the contract, the contract is considered not concluded.

When deciding whether the conditions contained in the protocol of disagreements are essential, it is necessary to be guided by Article 432 of the Civil Code of the Russian Federation, according to which the conditions on the subject of the agreement, the conditions named in the law or other legal acts as essential, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.

Based on the above, we can conclude that the basis for the occurrence of receivables may be: non-compliance with contractual relations; inflation; chronic consumer non-payments; lack of accounts receivable management.

Most often, non-compliance with contractual relations in terms of payment for accepted energy occurs among consumers of this energy who have entered into contracts with housing and communal services enterprises directly.

The norms of the Civil Code of the Russian Federation on energy supply (§ 6 of Chapter 30) provide for the possibility of concluding an energy supply agreement directly between citizens (subscribers, consumers) and resource supply organizations. Accordingly, payments for consumed electrical energy are also carried out directly. In the vast majority of cases, the receipt of network gas is also directly paid for. Recently, the practice of switching to direct payments between resource supply organizations and consumers (the population) for heating and hot water supply has become quite widespread. In some cases, this method of calculation also applies to the supply of drinking (cold) water to consumers and wastewater disposal.

In such cases, resource supplying organizations receive payments from the population directly, and not from municipal intermediary enterprises, housing management companies or housing organizations (depending on the existing housing and communal services management system and contractual relations system in each city).

1. Formation and satisfactory state of analytical work for a deep and comprehensive analysis of the quality and degree of debt liquidity;

2. Acceleration of payments;

3. Improvement of calculations;

4. Tough and competent policy for collecting receivables;

5. Consideration of a flexible payment system in contracts;

6. Automation of calculations.

It should be noted that for effective management of receivables in practice, it is necessary to develop and implement a whole methodology on the issue under consideration, which should describe the entire management process in detail, should contain information about the rights and responsibilities of each employee of the organization involved in the management process, should be developed forms of documents, including procedural ones, aimed at debt collection, conditions must be created for employees under which they could effectively use their working time and the organization’s resources.

The most effective measures to repay accounts receivable are:

raids to identify theft and unaccounted energy consumption of legal entities and individuals;

mandatory imposition of sanctions on non-paying consumers, introduction of restrictions and shutdowns;

maximum intensification of the work of legal services with the judicial authorities in terms of debt collection by seizing the property of enterprises and household subscribers;

2. Procedure for collecting receivables from individuals and legal entities

2.1 Pre-trial procedure for collecting receivables

Until recently, the economic interest of housing and communal services enterprises was practically absent, and, therefore, increasing the collection of payments from the population for the provided housing and communal services (HCS), and the use of various collection measures in relation to citizens who do not pay for these services on time, were not of decisive importance. With low rates and tariffs for housing and communal services, the financial position of housing and communal services enterprises mainly depended on subsidies from the budget, and not on payments from the population (although accounting was kept quite thoroughly).

Today, more and more attention is paid to the issue of organizing interaction with consumers and effectively working with debts for payment of housing and communal services. We have developed a methodology that allows you to build a system of working with debtors and effectively organize the activities of the enterprise.

The population's debt to pay for housing and utilities is the most common type of debt. To effectively organize work with debts, it is necessary, first of all, to optimize the entire system of interaction between the enterprise and the consumer in the field of receiving payments for services. To do this, let us designate the system as a specific process that can be controlled. The main attention should be paid to reducing and preventing debt that has arisen relatively recently, since long-term debt is much more difficult to collect. This is a very important condition in debt collection work. To carry out this function, it is not enough to have only a staff of lawyers; a staff of specialists dealing with subscribers is required. In resource supplying organizations, for these purposes, so-called subscriber departments are created, which are responsible for receiving funds from subscribers of the resource supplying organization, monitoring the receipt of funds and working with debtors that have arisen.

The starting element in a payment system is control. It is this that allows you to continuously compare the goal with the fact, i.e. watch her performance. Systematization of payments is the work of collecting information about the amount of payments for subsequent analysis.

Systematization of payments involves continuous monitoring of population payments for housing and communal services, analysis of payment data (for example, such as: systematic receipt, changes in the level of payments depending on various factors), identification of defaulters for further work with them, collection of information necessary for subsequent improvement of the organization’s activities aimed at working with debtors.

For debt identification work to be effective, it should be carried out regularly, that is, avoid long breaks, and at a certain frequency (for example, quarterly/monthly). In addition, the systematization of debt should be strictly aimed at solving the assigned tasks.

The next stage is regulation. It involves making changes in the work of housing and communal services enterprises - improving the quality of housing and communal services provided, organizing a payment system, intensifying information interaction, etc. Based on the data obtained and the analysis of changes in dynamics, it is necessary to change any parameter of the enterprise’s activity, make its work more understandable and convenient for the consumer, and this should certainly entail an increase in the percentage of payment collections.

In the housing and communal services sector, coercive methods of influencing debtors are actively used (debt collection, termination of services, etc.). Incentive measures and methods of moral and psychological influence, but they are used much less frequently, although they also have their effect. Moral and mental methods include:

1. Regular notification of citizens about debt through notifications and warnings.

2. Influence on debtors through the media (articles in newspapers, television broadcasts about debt payment).

3. Involvement of residential building managers (chairmen of cooperatives, directors of management organizations) in the collection process

With the effective organization of the enterprise’s activities, consumers pay for housing and utility services in full and on time, or refuse to pay for any reason, that is, we move on to the element “Payment of housing and utility services by the consumer.” All this is recorded through accounting, which is the next element of the scheme. Debt accounting is a reflection of payments for housing and communal services in accounting documents. It is accounting that gives us data for systematization.

It should be noted that all parts are interconnected and help to effectively organize work in each area of ​​the system. Changes in any one of the links invariably lead to changes in others.

We looked at working with debt in a general way, within the framework of organizing interaction with all consumers. To understand the role of each element of the system in working with debtors, let’s correlate them with various measures for working with debt and look at the table.

Correlation of measures for dealing with debt with elements of the system for the enterprise’s work in the field of receiving payments for services

Debt management event	Essence	System element
Debt identification	Determining the presence of debt, its classification, identifying debtors.	Monitoring
Debt prevention	Organization of provision of quality services, quality control in production. Improving the payment acceptance system, using various payment methods and methods. Deployment of activities to provide consumers with sufficient information.	Regulation
Debt reduction and collection	Application of measures to prevent debt. Organization of notification of debtors. Creation and maintenance of the activities of a debt settlement commission (personal reception of debtors, conclusion of debt repayment agreements). Strengthening the work of the legal service in: application of contractual liability measures (suspension of the provision of services - together with the technical and engineering service, accrual of penalties and fines, and other measures provided for in the contract for the provision of services) and pre-trial influence; application of judicial measures against a specific debtor.

In this table we have given a brief example of pre-trial work with debtors by specialists from resource supplying housing and communal services organizations.

If the pre-trial procedure does not take effect, then the specialists of the subscriber departments collect materials for submission to the courts of general jurisdiction. The last stage of pre-trial work is to notify the debtor that the case has been transferred to court; it is also possible to send a copy of the statement of claim with attached documents (tariffs for services, copies of previous warnings and notifications, an extract from the subscriber’s personal account from the moment the debt arose, etc.)

2.2 Judicial procedure for collecting receivables

The legislator has provided for and distributed the jurisdiction of courts considering cases of claims against defendants who are legal entities or individuals.

The Constitution of the Russian Federation enshrines the right of citizens and organizations to judicial protection of their rights. The Arbitration Court deals with disputes in the field of business and other economic activities. As a rule, all economic disputes in relation to a legal entity are the prerogative of this particular judicial body.

In accordance with Art. 48 of the Civil Code of the Russian Federation, which gives the concept of a legal entity, such a person is recognized as an organization that has separate property in ownership, economic management or operational management and is liable for its obligations with this property, can, in its own name, acquire and exercise property and personal non-property rights, bear duties, to be a plaintiff and defendant in court. Legal entities must have an independent balance sheet or estimate. Consequently, a legal entity must have characteristics, the totality of which allows the organization to be recognized as an independent object of civil legal relations. These features include: organizational unity; property isolation; independent property liability; acting in civil proceedings and in resolving disputes in courts on one’s own behalf.

The concept of a legal entity provides a sign of organizational unity - this is the internal structure of the organization, which is expressed in the presence of its management bodies and other divisions created to fulfill its goals and objectives.

Arbitration courts consider not only claims cases. However, in our work we will focus on them.

A lawsuit is a means of protecting one’s violated right. A claim is also understood as the claim of one party to the other, which is indicated in the statement of claim and is subject to consideration on its merits in a strictly prescribed manner by law.

Arbitration proceedings are initiated by the interested party filing a statement of claim to the arbitration court. The claim is submitted in writing. There are several rules that must be followed when filing an application with the court:

1) The statement of claim must be properly drawn up and contain all the details listed in Art. 125 Arbitration Procedure Code of the Russian Federation:

name of the arbitration court to which the claim is filed;

name of the plaintiff, his location; if the plaintiff is a citizen - his place of residence, the date and place of his birth, his place of work or the date and place of his state registration as an individual entrepreneur;

name of the defendant, his location or place of residence;

the circumstances on which the claims are based and evidence confirming these circumstances;

the price of the claim, if the claim is subject to assessment;

calculation of the amount of money collected or disputed;

information about the plaintiff’s compliance with the claim or other pre-trial procedure, if it is provided for by federal law or agreement;

information on measures taken by the arbitration court to ensure property interests before filing a claim;

list of attached documents.

The application may also contain other information, including telephone numbers, fax numbers, and email addresses, if they are necessary for the correct and timely consideration of the case; it may contain petitions, including petitions to obtain evidence from the defendant or other persons.

2) Sending by the plaintiff to other persons participating in the case a copy of the statement of claim and the documents attached to it, which they do not have, before filing the statement of claim with the arbitration court. We should attach the receipt of the specified statement of claim to the statement of claim.

3) In addition to the specified receipt, the following documents must also be attached to the statement of claim in accordance with Article 126 of the APC:

1. a document confirming the payment of the state duty in the established manner and in the amount or the right to receive a benefit in the payment of the state duty, or a petition for a deferment, installment plan, or a reduction in the amount of the state duty;

2. documents confirming the circumstances on which the plaintiff bases his claims;

3. copies of the certificate of state registration as a legal entity or individual entrepreneur;

4. power of attorney or other documents confirming the authority to sign the statement of claim;

5. copies of the arbitration court ruling on securing property interests before filing a claim;

6. documents confirming the plaintiff’s compliance with the claim or other pre-trial procedure, if it is provided for by federal law or agreement;

7. draft agreement, if a demand is made to compel the conclusion of an agreement.

The statement of claim must be signed by the plaintiff or his representative.

Judicial practice shows that disputes over debts for supplied resources are rarely disputed by subscribers, due to the fact that the Legislator in almost all cases obliges Legal entities to install metering devices for received energy, while the Contractor must clearly and regularly take meter readings and monitor them serviceability, promptly provide the consumer with reports of work performed and invoices, or promptly pay for the received energy at established tariffs

In support of the above, I would like to present an interesting judicial precedent:

"DECISION OF THE ARBITRATION COURT OF CASSATION INSTANCE

Federal Arbitration Court of the Volga-Vyatka District, composed of: presiding T.V. Sinyakina, judges V.A. Nogteva, S.A. Pronina, with the participation of representatives from the plaintiff: N.S. Iordanskaya. by power of attorney dated 01.06.2005 No. 4, Sapronova O.V. by proxy dated 08/15/2005, considered at the court hearing the cassation appeal of the defendant - the open joint-stock company "Scientific and Production Association "Saturn", Rybinsk, against the decision of 09/19/2005 and the appellate court resolution of 01/12/2006 in case No. A82- 3944/2005-3 of the Arbitration Court of the Yaroslavl Region, accepted by judges Kanygina I.N., Mitrofanova G.P., Serova S.R., Korobova N.N., on the claim of the municipal unitary enterprise of the Rybinsk municipal district "Vodokanal", Rybinsk, to the open joint-stock company "Research and Production Association "Saturn", Rybinsk, for the recovery of 9,810,018 rubles and

INSTALLED:

The municipal unitary enterprise "Vodokanal" (hereinafter - MUP "Vodokanal") filed a claim with the Arbitration Court of the Yaroslavl Region against the open joint-stock company "Scientific and Production Association "Saturn" (hereinafter - NPO "Saturn") for the recovery of 9810018 rubles of debt under the contract from 12/28/1998 No. 8 for the supply of water and the reception of wastewater in the period from April to November 2004.

Having established the fact that the defendant provided services for supplying water and receiving wastewater during the disputed period, the court of first instance, by decision dated September 19, 2005, satisfied the claims in full. The court recognized as legitimate the calculation of the volumes of accepted wastewater made by the plaintiff on the basis of the calculation methodology he developed for the balance of water consumption and wastewater disposal. The court did not recognize the revealed non-compliance of drinking water with the requirements of SanPiN 2.1.4.1074-01 as a basis for revising the approved tariff.

The appellate court, by its decision dated January 12, 2006, left the decision dated September 19, 2005 unchanged.

Having disagreed with the judicial acts, NPO Saturn appealed to the Federal Arbitration Court of the Volga-Vyatka District with a cassation appeal, in which it asks to cancel them and transfer the case for a new trial.

According to the applicant, the conclusions of the two courts do not correspond to the actual circumstances of the case, the courts incorrectly applied Articles 182, 183, 542 and 1105 of the Civil Code of the Russian Federation and violated Articles 65, 66 and 69 of the Arbitration Procedure Code of the Russian Federation.

The defendant explained that, according to clause 2.7 of the agreement dated December 28, 1998 No. 8, from the fourth quarter of 1999, the volume of wastewater is determined by water metering devices and data from the balance of water consumption and wastewater disposal of the subscriber, in accordance with clause 56 of the Rules for the use of public water supply and sewerage systems in the Russian Federation , approved by Decree of the Government of the Russian Federation dated February 12, 1999 No. 167. In pursuance of this condition, officials of the disputing parties responsible for ensuring accounting of the volumes of services provided (the head of the subscriber department on behalf of the plaintiff and the deputy chief power engineer for water use on behalf of the defendant) developed and signed 02/10/2000 a methodology for calculating the volume of household wastewater coming from industrial site No. 1 of JSC NPO Saturn (hereinafter referred to as the Calculation Methodology dated 02/10/2000). The fact of agreeing on this procedure for accounting for the volume of wastewater is confirmed by further actions of the parties, namely the actions of the director the plaintiff for issuing invoices for payment for services rendered, in which the calculation of their cost was carried out on the basis of the Methodology; the defendant's actions to pay bills. Under these circumstances, NPO Saturn believes that the Calculation Methodology dated February 10, 2000 is an integral part of Agreement No. 8 dated December 28, 1998 and is subject to mandatory application. When determining the amount of debt for services rendered, the court unlawfully accepted the calculation of the volume of wastewater drawn up by the plaintiff on the basis of the Methodology dated 02.10.2000, which he unilaterally developed.

The person who filed the complaint considers it erroneous that the court referred to the decision of December 24, 2001 in case No. A82-220/01-G/9 as a judicial act of prejudicial significance, which established the logic and justification of the principles of accounting for surface runoff volumes applied in Methodology dated 10/02/2000.

NPO Saturn considers the rejection of his argument about the supply of low-quality drinking water to industrial site No. 2 during the disputed period and the application of a tariff approved for water of lower quality (process water) to be unfounded. Having indicated that the supplied drinking water did not meet a number of requirements of SanPiN 2.1.4.1074-01, the court of first instance, when satisfying the claim, was guided by the minutes of the meeting held on 02/08/2005 at the Department of Fuel, Energy and Tariff Regulation of the Yaroslavl Region, and the letter of this body dated 02/14/2005 No. 1-54, which cannot confirm the conformity or non-conformity of the actual quality of the delivered goods. The court avoided assessing the appropriate evidence in the case - the presentation of the Central State Sanitary Service of the city of Rybinsk dated 02/18/2005 No. 277 and the letter of the Central State Sanitary Service of the city of Rybinsk dated 01/28/2005, confirming, on the basis of the studies carried out, the inconsistency of the quality of the water supplied by the plaintiff. According to Articles 542 and 1105 of the Civil Code of the Russian Federation, when delivering low-quality goods, the buyer, if he refuses to pay, becomes obligated to pay the amount of unjust enrichment. In this case, the amount of unjust enrichment must be proven by the plaintiff, not the defendant.

MUP "Vodokanal" in its response rejected the arguments of the cassation appeal and asked to uphold the contested judicial acts as legal and justified.

The defendant, duly notified of the time and place of consideration of the cassation appeal, did not ensure the attendance of a representative at the court hearing.

The legality of the judicial acts of the Arbitration Court of the Yaroslavl Region in case No. A82-3944/2005-3 was verified by the Federal Arbitration Court of the Volga-Vyatka District in the manner established in Articles 274, 284 and 286 of the Arbitration Procedure Code of the Russian Federation.

Having studied the case materials and the arguments set out in the complaint, the district court found no grounds for canceling the appealed judicial acts.

As follows from the documents submitted to the case, the municipal unitary enterprise "Vodokanal" and NPO "Saturn" (subscriber) entered into an agreement dated December 28, 1998 N 8, under the terms of which the municipal enterprise supplies water in accordance with GOST 2874-82 "Drinking water" and accepts waste water, and the subscriber pays for the services provided to him.

In the period from April to November 2004, MUP Vodokanal supplied water and received wastewater to industrial site No. 1. Collection of debt for payment for services actually rendered was the subject of this lawsuit.

The subscriber refused to pay the amount of the debt, justifying his position by the fact that the plaintiff unlawfully inflated the volume of services provided at industrial site No. 1 and violated the condition on the quality of drinking water.

By virtue of Article 779 of the Civil Code of the Russian Federation, under a contract for the provision of paid services, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

According to the terms of the agreement, the amount of water supplied to the subscriber is metered according to meter readings in accordance with the Rules for the use of public water supply and sewerage systems in the Russian Federation and is determined in the presence of the subscriber once a month; wastewater accounting starting from the 4th quarter of 1999 - according to water metering devices and data on the balance of water consumption and water disposal of the subscriber in accordance with paragraph 56 of the Rules.

Based on paragraphs 33 – 35 of the Rules for the use of public water supply and sewerage systems in the Russian Federation, approved by Decree of the Government of the Russian Federation dated February 12, 1999 No. 167 (hereinafter referred to as the Rules), the amount of drinking water received and waste water discharged is determined by the subscriber in accordance with the actual accounting data. consumption according to the readings of measuring instruments. To record the volumes of drinking water supplied to the subscriber and waste water received, metering units are installed on the subscriber's networks at the subscriber's expense. The subscriber bears responsibility for the proper condition and serviceability of metering units, as well as timely verification of measuring instruments installed at metering units.

In accordance with paragraph 56 of the Rules, in the event of a subscriber’s temporary lack of measuring instruments for wastewater discharged into the public sewerage system, these volumes may be taken equal to the volumes of water received by the subscriber and its subsubscribers from all sources of water supply (including hot water supply), recorded by measuring instruments. When a subscriber uses water as part of manufactured products, uses water from different water supply sources, including receiving hot water from a heat supply organization, or has several outlets into the municipal sewerage system and (or) other wastewater receivers, the volume of actual wastewater discharge into the municipal sewerage system is calculated according to the balance of water consumption and wastewater disposal of the subscriber.

The methodology for compiling the balance of water disposal and water consumption is not provided for by any regulatory act.

As follows from the case materials, during the period of validity of the agreement dated December 28, 1998 No. 8, when making calculations, the parties used the Methodology dated February 10, 2000, agreed upon by the counterparties, as well as the Calculation Methodology dated October 2, 2000, developed unilaterally by MUP Vodokanal.

The issue of the legality of using one or another calculation method was the subject of consideration in the Arbitration Court of the Yaroslavl Region in the framework of case No. A82-220/01-G/9, where the Yaroslavlgeomonitoring branch of the Territorial Center for State Monitoring of the Geological Environment and Water Bodies was instructed to conduct an examination. According to the expert opinion dated November 29, 2001 No. 304, the methodology presented by the defendant does not fully reflect the entire volume of wastewater received by MUP Vodokanal from NPO Saturn at industrial site No. 1, and cannot be applied. The principle of accounting for the volume of surface and drainage runoff, defined in the Methodology dated October 2, 2000, is recognized as logical, justified and mandatory for the application of balance calculations.

Having assessed the expert’s opinion, the Arbitration Court of the Yaroslavl Region, when considering case No. A82-220/01-G/9, recognized the plaintiff’s correct use of the method for calculating the balance of water consumption and wastewater disposal dated 02.10.2000.

The subject of the dispute in case No. A82-220/01-G/9 was the settlements of OJSC NPO Saturn with MUP Vodokanal for services under the same agreement dated December 28, 1998 No. 8, therefore the court rightfully pointed out the prejudicial significance of the said decision for the case under consideration.

The argument of the applicant of the cassation appeal about the illegality of applying the tariff for the supply of drinking water due to its non-compliance with the requirements of SanPiN 2.1.4.1074-01 by the district court is not taken into account.

Setting tariffs for water supply falls within the competence of the relevant government bodies. The parties do not have the right to independently determine or change the price for this type of service (Article 424 of the Civil Code of the Russian Federation).

The appealed judicial acts correspond to the norms of substantive law, the conclusions set out in them correspond to the factual circumstances established in the case and the evidence available in the case. The district court did not find any violations of the norms of procedural law, which, by virtue of Part 4 of Article 288 of the Arbitration Procedural Code of the Russian Federation, are grounds for canceling judicial acts in any case, and the cassation appeal is not subject to satisfaction.

According to Article 110 of the Arbitration Procedural Code of the Russian Federation, the state fee for a cassation appeal is borne by the applicant.

Guided by Articles 287 (clause 1 of part 1) and 289 of the Arbitration Procedural Code of the Russian Federation, the Federal Arbitration Court of the Volga-Vyatka District

DECIDED:

the decision of 09.19.2005 and the resolution of the appeal court of 01.12.2006 of the Arbitration Court of the Yaroslavl Region in case No. A82-3944/2005-3 are left unchanged, the cassation appeal of the open joint-stock company "Research and Production Association "Saturn", Rybinsk, - without satisfaction.

So, relations related to heat, water, gas supply through the connected network by virtue of Art. 548 of the Civil Code of the Russian Federation are regulated by the norms of Art. 539-547 Civil Code of the Russian Federation.

The peculiarities of energy as a product are the basis for imposing on the subscriber a number of responsibilities that are not inherent to buyers under other types of purchase and sale agreements: to comply with the energy consumption regime stipulated by the contract, to ensure the safety of the networks under his control and the serviceability of the devices and equipment he uses (Art. 543 of the Civil Code of the Russian Federation). The extent of responsibility of the subscriber and the energy supplying organization for the technical condition and maintenance of energy equipment is determined by an agreement concluded between them.

When collecting receivables from individuals, a statement of claim is submitted to the World Court District.

A person to whom the owners of the premises have arrears in payment for housing and communal services may act as a plaintiff in court. It can be a resource supplying organization, a management organization, a homeowners association, a housing cooperative, a residential complex, or another specialized consumer cooperative, depending on the method of managing an apartment building. In the case of direct management of an apartment building, the owners of the premises may be plaintiffs in court in the form of housing and communal services suppliers.

In addition to debt for housing and communal services, penalties are also collected in court. The amount of the fine is established by clause 14 of Art. 155 of the Housing Code of the Russian Federation and is one three-hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at the time of payment, from the amounts not paid on time for each day of delay, starting from the next day after the due date for payment until the day of actual payment, inclusive. An increase in the specified amount of the penalty is not allowed.

The statement of claim is filed by the resource supplying organizations, the management organization or the housing cooperative, residential complex, homeowners association, in the court of general jurisdiction at the place of residence of the defendant. The defendant in this case may be:

The owner, capable family members of the owner living with him in the premises belonging to him (Articles 210, 292 of the Civil Code of the Russian Federation, Article 31 of the Housing Code of the Russian Federation).

The tenant, family members of the tenant living together with him (Articles 60, 69 of the Housing Code of the Russian Federation).

The tenant, if he is provided with utilities under the contract.

To go to court with a claim to collect debt on mandatory payments, a pre-trial procedure for resolving the dispute is a necessary condition. To do this, it is necessary to send the debtor or an adult member of his family a Notification (Appendix No. 2) about the debt, as well as a Warning (Appendix No. 3).

If the debtor fails to appear to clarify the reasons for non-payment and failure to repay the debt within the period established by the Notification, a Court Warning is sent to him.

The Notice and Warning are drawn up in 2 copies, one of which is kept in the plaintiff’s records office, the other is sent to the debtor by registered mail with return receipt requested.

Only after these pre-trial requirements have been met should a claim be filed with the Court.

A statement of claim is filed to the district court according to the debtor’s place of residence (Article 28 of the Code of Civil Procedure of the Russian Federation) for the collection of debt for payment of housing, communal and other services, as well as penalties. An example of this statement of claim is given in Appendix No. 4.

The requirements for the form and content of the statement of claim are established by Art. 131 Code of Civil Procedure of the Russian Federation. The statement of claim must indicate:

Name of the court to which the application is filed.

The name of the plaintiff, his location with an index, as well as the name of the representative and his address with an index, if the application is submitted by a representative.

The name of the defendant, his place of residence or, if the defendant is a legal entity, his location with an index.

What is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands?

The circumstances on which the plaintiff bases his claims and evidence confirming these circumstances

The cost of the claim, as well as the calculation of the amounts recovered.

Information on compliance with the pre-trial procedure for contacting the defendant.

List of documents attached to the application. Copies of documents are certified by the head of the management organization.

Date of filing the application with the court.

Applicant's signature. Officials of the management organization who have the right to sign without special powers sign the statement of claim accompanied by documents confirming their powers. If the statement of claim is filed and signed by a representative of the management organization who does not have the right to sign without special powers, then the application must include a power of attorney for the participation of the plaintiff’s representative in the trial with the authority to sign and submit the statement of claim to the court.

Art. 132 of the Code of Civil Procedure of the Russian Federation provides for a mandatory requirement for the composition of the documents attached to the statement of claim. The following are attached to the statement of claim:

Copies of the statement of claim for the court, according to the number of defendants and third parties.

Original receipt (payment order) for payment of state duty.

A power of attorney or other document confirming the authority of the plaintiff’s representative.

Documents confirming the stated claims and copies of those documents that the defendants do not have in an amount corresponding to the number of the defendant.

Evidence confirming compliance with the pre-trial procedure for resolving the dispute.

Calculation of the amount of money to be recovered, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties. One copy of the statement of claim is kept in the records management of the management organization. Cases regarding the collection of debt on obligatory payments with a claim price not exceeding 50,000 rubles are within the jurisdiction of a magistrate (Article 23 of the Code of Civil Procedure of the Russian Federation). If the institution of justices of the peace has not yet been introduced in your district court, then the statement of claim is submitted to the district court to the Federal Judge. A statement of claim for debt collection for housing, communal and other services is paid with a state fee, the amount of which is determined in accordance with Chapter 25.3 of the Tax Code of the Russian Federation. In accordance with paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation establishes the following amounts of state duty for cases considered in courts of general jurisdiction, as well as by magistrates.

With claims of a property nature at the cost of the claim:

An application for a court order is paid with a state fee in the amount of 50% of the rate established for statements of claim (clause 2 of article 123 of the Code of Civil Procedure of the Russian Federation, subclause 2 of clause 1 of article 333.19 of the Tax Code of the Russian Federation).

The price of a claim for the recovery of funds is determined by the amount recovered (Article 91 of the Code of Civil Procedure of the Russian Federation). When collecting mandatory payments, the cost of the claim includes the amount of debt for payment of housing, communal and other services, as well as penalties for the overdue amount of these payments.

The court orders the party in whose favor the court decision to reimburse the other party for all legal expenses incurred in the case (Article 98 of the Code of Civil Procedure of the Russian Federation). If the claim is partially satisfied, legal costs are awarded to the plaintiff in proportion to the amount of the claims satisfied by the court, and to the defendant in proportion to the part of the claims that were denied to the plaintiff. The same rules on the distribution of court costs apply in the appellate and cassation instances.

Legal expenses (Article 94 of the Code of Civil Procedure of the Russian Federation) include: state fees, expenses for the services of representatives, postal expenses incurred by the parties and related to the consideration of the case. To be reimbursed for legal expenses, you must provide proof of payment.

After accepting the statement of claim and initiating civil proceedings, the court notifies the parties (plaintiff and defendant) by summons of the time, day and place of preparation for the trial, and subsequently of the time, day and place of the trial itself. The form of the summons (Form No. 30) was approved by Order of the Judicial Department at the Supreme Court of the Russian Federation dated April 29, 2003 No. 36 “On approval of the Instructions for judicial records management in the district court” and is given in Appendix No. 6. Simultaneously with the subpoena, the court sends the defendant a copy of the claim statements.

Art. 233 of the Code of Civil Procedure of the Russian Federation provides that in the event of a failure to appear at a court hearing by a defendant who has been duly notified of the time and place of the court session, who has not reported valid reasons for the failure to appear and has not asked for the case to be considered in his absence, with the consent of the plaintiff, the case may be considered in absentia proceedings (Chapter 22 of the Code of Civil Procedure of the Russian Federation). In this regard, the case materials must contain information about the proper notification of the defendant at the last known place of his actual residence or registration. However, debtors deliberately delay court proceedings by not appearing at court hearings and refusing to sign for receipt of a subpoena.

With the consent of the person participating in the case (the managing organization), the judge may issue a subpoena to him for delivery to another person (the defendant), which is provided for in Art. 115 Code of Civil Procedure of the Russian Federation. The management organization, together with the court (at the same time), notifies the defendant. In this case, on the third page of the summons, the representative of the managing organization signs for acceptance of the summons for transmission to the defendant.

The summons (pp. 1-2 of Form No. 30) is served on the defendant personally against a signature on the counterfoil of the summons to be returned to the court (art. 3-4 of Form No. 30).

If the defendant refuses to accept the summons, the management organization delivering it must make a note in paragraph 3 of the third page of the summons: “3. The summons was not served due to refusal to accept.”

If we talk about representation in court, then in accordance with Art. 48 of the Code of Civil Procedure of the Russian Federation, the affairs of organizations are conducted in court by their bodies, acting within the powers granted to them by federal law, other legal acts or constituent documents, or by representatives.

The powers of the bodies conducting the affairs of organizations are confirmed by documents certifying the official position of their representatives, and, if necessary, by constituent documents.

That is, the case of an HOA, housing cooperative, residential complex, or other specialized consumer cooperative in court can be conducted by the chairman of the board, subject to confirmation of his powers - by submitting to the court the charter and protocol (protocols) on his election, as well as the deputy chairman of the board, if such position and powers are provided for by the charter . The affairs of commercial organizations can be managed by the general director or his deputy. To confirm their powers, it is necessary to submit to the court the organization’s charter and a protocol on the appointment of the general director or his deputy. For resource supply organizations, cases in court are conducted by legal representatives of the enterprise (confirmed by a power of attorney) or the director of the enterprise.

The representative of the plaintiff in court can be any capable person who has duly formalized authority to conduct the case (power of attorney). The power of attorney is issued signed by its head and sealed (Article 53 of the Code of Civil Procedure of the Russian Federation). An example of a power of attorney to represent the interests of the management organization in court with all the rights provided for by current legislation is given in Appendix No. 3.

The representative has the right to perform all procedural actions on behalf of the management organization. However, the right of a representative to sign a statement of claim, present it to the court, submit a dispute to an arbitration court, file a counterclaim, complete or partial waiver of claims, reduce their size, admit the claim, change the subject or basis of the claim, conclude a settlement agreement, transfer of powers to another person (assignment), appeal of a court decision, presentation of a writ of execution for collection, receipt of awarded property or money must be specifically stipulated in the power of attorney (Article 54 of the Code of Civil Procedure of the Russian Federation). In the absence of a special indication of these powers in the power of attorney, the representative does not have the right to carry out these actions.

A demand for collection of debt on mandatory payments for housing and communal services, as well as penalties, can be filed in the order of writ proceedings, which was introduced by Chapter 11 of the Code of Civil Procedure of the Russian Federation of November 14, 2002.

A writ is a court order issued by a judge based on an application for the recovery of money. Other requirements for which a court order may be issued are provided for in Art. 122 Code of Civil Procedure of the Russian Federation. A distinctive feature of a court order is that it is at the same time an executive document and is carried out in accordance with the procedure established for the execution of court decisions.

An application for the issuance of a court order, like a statement of claim, is submitted to the district court at the debtor’s place of residence to a federal judge, and if the value of the claim does not exceed 50,000 rubles, then to a magistrate. An application for the issuance of a court order is paid with a state fee in the amount of 50% of the rate established for statements of claim.

An application for a court order must be in writing and signed by the claimant or his representative having the appropriate authority.

name of the court to which the application is filed;

name of the claimant, his place of residence or location;

name of the debtor, his place of residence or location;

the claimant's claim and the circumstances on which it is based;

documents confirming the validity of the claimant's claim;

list of attached documents (if the application is submitted by a representative of the claimant, then a document certifying his authority must be attached).

Thus, in contrast to the statement of claim, the parties in writ proceedings are called not the plaintiff and the defendant, but the claimant and the debtor. An application for a court order can be drawn up by analogy with a statement of claim, taking into account the specified features.

A court order is issued within five days from the date of receipt of an application for a court order to the court without a trial and summoning the parties to hear their explanations (Article 126 of the Code of Civil Procedure of the Russian Federation).

A copy of the court order is sent by the court to the debtor, who, within 10 days from the date of receipt, has the right to submit objections regarding its execution (Article 128 of the Code of Civil Procedure of the Russian Federation). If the debtor does not submit any objections to the court regarding its execution within 10 days from the date of receipt of the court order, the judge gives the claimant a copy of the court order to present it for execution, or, at the request of the claimant, sends it to the bailiff.

However, if the debtor raises objections regarding the execution of the court order within the specified period, the judge cancels it and explains to the claimant the right to present his claim in the manner of claim proceedings (Article 129 of the Code of Civil Procedure of the Russian Federation).

Simultaneously with the filing of the statement of claim, an application (petition) is submitted to the court to seize the debtor’s property to secure the claim (Appendix No. 5), since during the trial the debtor can pledge, hide or sell the property belonging to him, and the court decision in this case is executed will not be.

Thus, if the application (petition) to secure the claim is satisfied, the debtor will be prohibited from disposing of the seized property.

Securing a claim is regulated by Chapter 13 of the Code of Civil Procedure of the Russian Federation, as well as Federal Law No. 119-FZ dated July 21, 1997 “On Enforcement Proceedings”. According to Art. 140 of the Code of Civil Procedure of the Russian Federation, measures to secure a claim may be:

Seizure of property belonging to the defendant and located in him or other persons.

Prohibiting the defendant from performing certain actions.

Prohibiting other persons from performing certain actions related to the subject of the dispute, including transferring property to the defendant or fulfilling other obligations in relation to him.

Suspension of the sale of property in the event of a claim for the release of property from seizure (exclusion from the inventory).

Suspension of collection under a writ of execution contested by the debtor in court.

If necessary, the court may take other measures to secure the claim or allow several measures at the same time.

However, it should be borne in mind that the court cannot seize a citizen’s only home, because Eviction for systematic failure to pay housing and communal services is provided only for the tenant. In this case, seizure may be imposed on the debtor's property located in his apartment.

An application for securing a claim is considered by the court on the day it is received by the court without notifying the defendant and other persons participating in the case. The judge or court issues a ruling on taking measures to secure the claim, which is immediately enforced in the manner established for the execution of court decisions (Articles 141-142 of the Code of Civil Procedure of the Russian Federation).

After considering the case, the Court makes a decision in the presence of the defendant and a default decision in the absence of the defendant being duly notified. A court decision is enforced after it enters into legal force, that is, after the expiration of the period for appealing it, if it has not been appealed.

Decisions of magistrates are appealed on appeal to the relevant district court within 10 days from the date the magistrate makes the decision in final form (Article 320-321 of the Code of Civil Procedure of the Russian Federation). The decision of the appellate court comes into force from the date of its adoption.

The decision of the district court can be appealed in cassation within 10 days from the date the court made the decision in final form (Articles 336-338 of the Code of Civil Procedure of the Russian Federation). According to Art. 368 of the Code of Civil Procedure of the Russian Federation, a cassation ruling comes into force from the moment it is issued.

The deadline for filing an application to cancel a default judgment is 7 days from the date of receipt of a copy of the default judgment. Such an application is submitted to the court that made the decision. An absentee court decision can be appealed in cassation, and an absentee decision of a magistrate in an appeal within 10 days after the expiration of the deadline for the defendant to file an application to cancel this court decision, and if such an application is filed, then within 10 days from the date issuing a court ruling refusing to satisfy this application (Article 237 of the Code of Civil Procedure of the Russian Federation).

After the court decision enters into legal force, the claimant is issued a writ of execution. Execution of a court decision is carried out at the place of residence or work of the defendant in accordance with the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”.

2.3 Execution of court decisions on collection of receivables

A case won in court does not always guarantee that a court decision will be enforced. After the court decision enters into legal force, the claimant is issued a writ of execution. Execution of a court decision is carried out at the place of residence or work of the defendant in accordance with the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”.

Enforcement proceedings are the logical end of resolving a case in court and protecting and restoring the violated rights of citizens and legal entities. Thus, it is the final stage of civil and arbitration processes.

Enforcement proceedings are initiated from the moment the bailiff issues the relevant decision and ends after the decision on the completion of enforcement proceedings is issued.

The writ of execution is sent to the branch of the Federal Bailiff Service, and is also accompanied by a covering letter signed by the director or officer. After which the bailiff initiates enforcement proceedings.

Enforcement proceedings are a procedure established by law for the forced implementation of acts of jurisdictional bodies, aimed at ensuring real protection of violated or disputed subjective material rights or interests protected by law.

The Federal Law of the Russian Federation “On Enforcement Proceedings” establishes effective standards that help more quickly collect debts from citizens and legal entities. So, for example, Article 9 of Chapter 1 of this regulatory act expands the rights of collectors, that is, now he can independently, without the participation of the bailiff service, send a writ of execution for the recovery of funds not exceeding 25,000 rubles to an organization or other person, paying the debtor wages, pensions, stipends and other periodic payments.

The Federal Law establishes the legal regulation of notices and summonses in enforcement proceedings, according to which persons participating in enforcement proceedings are considered notified if the addressee refused to receive a summons, other notice or, despite receiving a postal notice, did not appear for the summons, other notice, sent to his address.

Chapter 5 provides for the initiation of enforcement proceedings. In accordance with it, the bailiff, having received the writ of execution, is obliged to initiate proceedings within three days or refuse to initiate proceedings (previously there was no such rule, and the bailiff either initiated enforcement proceedings or returned the writ of execution).

Chapter 7 establishes the rules according to which the bailiff now has the right to contact the registration authority to carry out, in accordance with the established procedure, state registration of the debtor's ownership of property for the purpose of subsequent foreclosure on said property. This chapter also clearly defines the right of the bailiff, if the debtor fails to comply with the requirements contained in the writ of execution, to temporarily restrict his departure from the Russian Federation.

In addition, I would like to draw attention to the responsibility for violation of the legislation of the Russian Federation on enforcement proceedings enshrined in the Federal Law “On Enforcement Proceedings” (Chapters 15, 16). These measures include an enforcement fee (a monetary penalty imposed on the debtor in the event of his failure to fulfill the enforcement document within the time limit established by the bailiff), a fine and the recovery from the debtor of expenses for carrying out enforcement actions.

All this simplifies the work of the bailiff and speeds up the actual receipt of funds into the account of the claimant.

Enforcement actions against housing and communal services debtors are implemented through the use of government enforcement mechanisms established by law. From this point of view, enforcement proceedings are of undoubted practical importance, since when the requirements of legal norms are not implemented in the actions of participants in civil transactions and public legal relations, such a right, in fact, is not valid and existing.

In the Offices of the Federal Bailiff Service, the number of enforcement documents for the collection of debts for payment of housing and communal services increases every year.

That is, these are debts of the population, various enterprises and organizations for housing and communal services. It is not easy to carry out such proceedings: a large number of debtors have neither income nor property on which the bailiff can foreclose. But someone is able to pay their debt - for example, through monthly deductions from wages. The bailiff must first find such debtors (catch them at home), and then either convince them to pay the debt in cash or tell them their place of work. At the same time, the bailiff carries out preventive work and explains what non-payment of debts for housing and communal services can lead to. Statistics show that the most disciplined payers are pensioners and families with average incomes. At the same time, the worst defaulters are most often asocial families and, oddly enough, citizens with high incomes.

After three months of outstanding debt, debtors may have their property seized and sold to pay off the debt. This measure, as practice shows, is the most effective. As a rule, one visit to the bailiffs and seizure of property is enough for most debtors to find money and pay off the existing debt. In addition to the seizure of property, there are other measures of influence on defaulters. The set of measures provided for by current legislation allows for the systematic collection of debt. This may be, in addition to the seizure of the debtor’s property, a foreclosure on property deposited in banks, credit institutions, property in the form of vehicles, etc. Such measures lead to positive results, and debtors pay everything in full, or a significant part of it.

In addition to the seizure of property, the following enforcement measures are applied to defaulters: a ban on debtors leaving the Russian Federation, enforcement actions at the actual location of debtors who have left the Russian Federation.

But, of course, so far the most severe punishment for debtors is their eviction to less comfortable housing.

Specialists of housing and communal services enterprises responsible for debt collection should conduct a conversation with potential debtors and persistent defaulters, talking about the consequences of non-payment in the form of initiating enforcement proceedings if they win the case in court. As practice shows, debtors are not as afraid of litigation as they are of actual collection of funds and seizure of property by bailiffs of the Federal Bailiff Service.

Also, representatives of housing and communal services enterprises have the right to participate in enforcement actions and inquire about the progress of the bailiffs’ work. For more effective collection and fruitful work of employees of the Federal Bailiff Service, many organizations offer their assistance (Provision of vehicles, search for witnesses, removal and storage of seized property).

With the coordinated work of specialists from the Federal Bailiff Service and the assistance of representatives of housing and communal services enterprises, the collection of funds from debtors can occur in a shorter period of time and much more efficiently.

Conclusion

As a result of the work carried out, it can be concluded that the emergence and growth of receivables for supplied energy resources is one of the most pressing problems in Russian energy systems at the present stage. The state of accounts receivable, its size and quality have a strong impact on the financial condition of the enterprise, since they represent funds temporarily diverted from the turnover of the enterprise.

Based on the structure of accounts receivable, the timing and reasons for their occurrence and repayment, one can judge the effectiveness of the organization’s use of available funds and the rationality of the terms of concluded contracts.

Accounts receivable management is necessary at the enterprise to implement management functions, including analysis of the state of accounts receivable (assessment of volume, turnover and quality), development of an adequate credit policy and ensuring the use of refinancing forms. To do this, it is necessary to highlight its modern problems, taking into account the specifics of the enterprise’s production, and intensify work in the following areas:

1.formation and satisfactory state of analytical work for a deep and comprehensive analysis of the quality and degree of liquidity of debt;

2. acceleration of payments;

3. improvement of calculations;

4. strict and competent policy for collecting receivables;

5. consideration of a flexible payment system in contracts;

6. automation of calculations.

As a result of our research, we found that collecting a company’s receivables is an unpleasant matter, but it is important for any creditor. Overdue receivables of an enterprise arise as a result of a number of different reasons, for example, due to the lack of coordinated work of specialists in the subscriber departments of housing and communal services enterprises, and of lawyers responsible for collecting receivables. In addition, an enterprise's receivables may arise as a result of a deterioration in the financial position of the counterparty due to objective reasons. One way or another, each case is individual and requires a special approach. Repayment of debt by the counterparty may take an indefinite period. If counterparties do not pay for the supplied resources or work performed on time, you should not waste time, you need to take urgent action. In our work, we tried to consider the process of occurrence of receivables and methods for their effective collection.

As we have already said, claims of a property nature for the collection of receivables by resource supply organizations are the most common case in judicial practice in the housing and communal services sector. Unfortunately, it is worth recognizing that the methods we have considered for solving this problem will remain only theoretically justified, because in practice everything is somewhat more complicated, since collecting even the smallest debt from an individual or legal entity takes a very long period of time. And while litigation continues to collect debt for one period of time, debt is generated for the next period.

Taking into account the current rate of inflation, it is simply unacceptable to delay the process of collecting overdue receivables. Counterparties must understand that debt repayment is inevitable.

The receivables management policy is part of the enterprise's overall policy in the field of working capital management, and it consists of optimizing the overall size of this type of debt and ensuring its timely collection. Therefore, accounts receivable management must be carried out at all stages of interaction with counterparties, both at the stage of pre-contractual procedures and before the actual fulfillment of the obligations specified in the contract.

It should be noted that for effective management of receivables in practice, it is necessary to develop and implement an entire methodology on the issue under consideration, which should describe in detail the entire process of managing this debt, should contain information about the rights and responsibilities of each employee of the organization involved in the debt management process, Forms of documents, including procedural ones, aimed at debt collection must be developed; conditions must be created for employees under which they can effectively use their working time and the organization’s resources.

The main purpose of analyzing accounts receivable is to seek to reduce its value. The most effective measures for repaying accounts receivable, as we have found, are:

regular inventory of accounts receivable from consumers;

continuous monitoring of the implementation of restructuring agreements and repayment schedules for receivables;

maximum activation of the work of legal services with judicial and executive authorities;

organization of events to highlight in a strict manner in the media about malicious defaulters and the inadmissibility of non-payments for energy resources by consumers of electrical and thermal energy, about the measures taken by the energy system towards non-paying consumers;

within the framework of the business plan, an analysis of energy sales activities is carried out, the causes of receivables are identified, and priority directions for optimizing receivables are developed.

In conclusion, I would like to note that the problem of collecting accounts receivable is very complex and multifaceted, especially in the fuel and energy complex, and often goes beyond the boundaries of solving purely economic problems; it is not possible to solve this problem within the framework of one thesis. Although a number of aspects are covered, the range of potential issues to be addressed is very broad and can be addressed in future work if necessary.

List of used literature

Normative legal acts

Constitution of the Russian Federation. Adopted by popular vote on December 12. 1993 – M.: Norma, 2009.

Civil Code of the Russian Federation. Parts one, two, three, four. - M.: Yurait-Izdat, 2010. - 554 p.

Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ. – M.: Lawyer, 2009. – 427 p.

Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”. – M.: Norma, 2009. – 93 p.

Resolution No. 307 of May 23, 2006 “On the procedure for providing public services to citizens” // indicate the place of publication, in particular the Collection of Legislation ...... look where it was published in the Guarantor or Consultant and write it down

Decree of the Government of the Russian Federation of February 12, 1999 No. 167 "On approval of the Rules for the use of public water supply and sewerage systems in the Russian Federation"

Add legal acts that are mentioned in the text of the work, in particular the Tax Code, Civil Procedure Code, Regulations, etc.

General and specialized literature

Abolin A.A. Transformation of benefits for payment of housing and communal services into compensation payments / A.A. Abolin // Journal of the manager and chief accountant of housing and communal services. – No. 6. –2001. – pp. 58-62.

Seizure of the debtor's funds / L. Novoselova // Economy and Law. - 2008. - No. 8. - P. 3-13.

Berenshtein I.V. State and municipal enterprises of water supply and sanitation in the conditions of transition to the market / I.V. Berenshtein // Water supply and sanitary technology. – No. 10. – 2008.

Berenshtein I.V. Property relations in the field of water supply and sanitation in the Russian Federation / I.V. Berenshtein // Water supply and sanitary technology. – No. 12. – 2007.

Berenshtein I.V. Features of legal regulation of property turnover in the public utilities sector / I.V. Berenshtein // Business law. – No. 2. – 2009.

Berenshtein I.V. Position and prospects of state and municipal enterprises of the public utilities complex in the conditions of transition to the market. Issues of formation and accounting of property of the treasury of municipalities / I.V. Berenshtein // Housing and communal services. Journal of the manager and chief accountant. – No. 12. – 2008.

Berenshtein I.V. Judicial practice in cases of debt collection by housing and communal services enterprises / I.V.Berenshtein // Housing and communal services. Journal of the manager and chief accountant. – No. 8. – 2008. – Official part.

Berenshtein I.V. Management of municipal utility systems under an agreement with the owners / I.V. Berenshtein // Housing and communal services. Journal of the manager and chief accountant. – No. 6. – 2009.

Berenshtein I.V. Formation of property relations in the field of water supply and sanitation in the Russian Federation / I.V. Berenshtein // Legislation. – No. 10. – 2006.

Types of civil proceedings and enforcement proceedings / M. A. Alieskerov // State and law. - 2008. - No. 4. - P. 27-37.

The influence of judicial practice on the determination of procedural features of consideration and resolution of civil cases / A. G. Nevostruev // Arbitration and civil process. - 2008. - No. 3. - P. 13-16.

Voronin A. Basic principles of forming the structure of municipal management / A. Voronin // City management. –No. 1. – 2009. – P. 6-19.

Civil process. Textbook / Ed. prof. Treushnikova M.K. – M.: Norma, 2008. 381 p.

Civil law / Ed. Alekseeva S.S. – M.: Prospekt, 2009. – 528 p.

Civil law. General and special parts: textbook / V.V. Pilyaeva. - 3rd ed. - M.: KNORUS, 2009. - 992 p.

Civil law. Part one: textbook. for undergraduates, graduate students and law teachers. universities Part 1 / Agafonova N.N. and etc.; resp. editor: Mozolin V.P., Maslyaev A.I.; MSYUA. - M.: Yurist, 2008. – 719 p.

Civil law: In 3 volumes: Textbook. T. 1 / Responsible editor. Sergeev A.P., Tolstoy Yu.K. - 6th ed., revised and supplemented. - M.: TK Velby: Prospekt, 2008. - 784 p.

Civil law: In 4 volumes, a textbook for university students. T. 1: General part / Em V.S. and etc.; resp. ed. Sukhanov E.A. - 3rd ed., revised. and additional - M.: Vloters Kluvers, 2008. - 669 p.

Civil law: textbook. for students and law teachers. and non-legal universities / S. S. Alekseev, etc.; under general ed. Alekseeva S.S.; Institute of Private Law. - 2nd ed., revised. and additional - M.: Prospekt, 2009. – 528 p.

Civil law: textbook: in 3 volumes. T.1 / ed. Sergeeva A.P. - M.: TK Velby, 2009. - 1008 p.

Civil contract. General provisions: a practical guide / V. I. Kazantsev. - M.: Exam, 2008. - 192 p.

Contract law: agreements on jurisdiction, international jurisdiction, conciliation procedure, arbitration (arbitration) and settlement agreements / M. A. Rozhkova, N. G. Eliseev, O. Yu. Skvortsov. - M.: Statute, 2008. - 525 p.

Contract law: textbook. manual for legal universities / V. V. Kalemina, E. A. Ryabchenko. - 5th ed., rev. and additional - M.: Publishing house "Omega-L", 2009. - 256 p.

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1

Currently, there is an urgent problem in the Russian Federation - high amounts of receivables from organizations providing housing and communal services. Moreover, in some regions of our country the situation of resource supply organizations can be called extremely difficult. In fact, for such organizations, accounts receivable is the predominant area of ​​capital investment. It follows that in order to avoid ineffective activities, housing and communal services suppliers need competent organization of work to collect debts from consumers. In this article, we examined the main models for organizing debt collection activities in the housing and communal services sector, and examined ways of cooperation between resource supply organizations and collection agencies. We also analyzed the effectiveness of collection companies in the housing and communal services sector, examined the issue of maintaining the personal data regime, and in conclusion, offered our own solutions to the problems of large receivables in the housing and communal services sector.

collection agency

debt collection

housing and communal services

1. Civil Code of the Russian Federation.

2. Housing Code of the Russian Federation of December 29, 2004

3. Portal “Housing and communal services reforms” [Electronic resource]. Access mode: http://www.reformagkh.ru. (date of access: 10/23/2014)

4. Decree of the Government of the Russian Federation dated May 6, 2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.”

6. Federal Law of the Russian Federation dated December 21, 2013 N 353-FZ “On consumer credit (loan)”.

One of the most important problems of housing and communal services (HCS) is the problem of receivables for payment for services provided to the population and tenants of premises.

As an example, Fig. 1 shows the debt of the population, in some regions of the country, to resource supply organizations.

Rice. 1. Debt of the population for housing and communal services in some constituent entities of the Russian Federation in 2013.

To combat this phenomenon, it is necessary to competently organize the work of collecting debts from consumers of housing and communal services.

Material and research methods

Accounts receivable are formed due to non-payment of bills issued to consumers within the specified time frame. Consequently, accounts receivable are deferred revenue from organizations providing housing and communal services.

Inaction or lack of well-established work to collect debts for housing and communal services entails a rapid increase in consumer debts, because In this case, the population or tenants remain unpunished and do not feel due responsibility.

In this case, special attention should be paid to reducing and preventing newly incurred debts, because The longer the debt is not paid, the less value it is valued taking into account inflation.

The system of working with debtors involves the implementation of several measures: debt monitoring, debt prevention, pre-trial debt reduction and debt collection through the court.

When carrying out monitoring, it is necessary to pay attention to the duration of the debt, the amount of debt for each individual defaulter, the house (facility) served and the dynamics of debt formation.

To determine the areas of work with debtors in the monitoring process, it is recommended to classify debts according to various criteria, for example, by the deadline for fulfilling obligations: current and overdue debts. Overdue debt is characterized by the fact that the legal period for its repayment has expired. Depending on one or another criterion, the direction of further work is selected.

At the stage of debt prevention, general measures are carried out. They are aimed at eliminating the objective causes of debt.

Effective measures to prevent debt include improving the quality of customer service, including improving the payment system for housing and communal services. To achieve this, it is recommended that housing and utility supply organizations carry out the following activities:

Carry out quick recalculation for short deliveries or provision of poor-quality services;

Provide timely delivery of invoices to consumers for payment of housing and communal services;

Ensure prompt provision of clarifications on accrued amounts;

Develop alternative payment systems for housing and communal services;

Develop and implement reminder systems for payers.

Also, in some cases, it is possible to create the necessary conditions for a consumer who has a lack of funds so that he can reimburse payments for housing and communal services not in money, but in another way. For example, to pay off a debt, perform any work for an organization that provides housing and communal services.

Measures to reduce debt should begin immediately, starting from the appearance of the first overdue debt.

These include notifying debtors through postal notices and telephone calls, visiting debtors, repaying debts by concluding agreements, and suspending or restricting the provision of housing and communal services.

For a large proportion of debtors whose debts appeared less than two months ago, one reminder is enough for them to pay off the debt. A method of notification often used is the publication of “black lists” of debtors for payment of housing and communal services on Internet sites and on notice boards in front of entrances. However, there is a question about the legitimacy of this method.

Visits to defaulters by housing and communal services workers are carried out with the aim of jointly finding a solution to the problem. And this approach, at the first stage, is effective. During a personal meeting, the reasons for the debt are clarified and the consumer is offered possible repayment options. In addition, when visiting the debtor, he is provided with information about existing subsidies that he can take advantage of, as well as the advantages of timely payment of utility bills.

A compromise option for repaying debts is to conclude agreements with the consumer. This method saves the parties from going to court. In the process of implementing this activity, it is possible to conclude a variety of transactions between resource supply organizations and debtors, for example:

Agreement to change the method of fulfillment of obligations. According to this agreement, the debtor, in order to repay the debt, performs the necessary work. In legislation, agreements of this kind are usually called compensation agreements;

An agreement to replace one obligation with another: novation of a debt into a loan obligation (clause 1 of Article 414 of the Civil Code of the Russian Federation). The debt is transferred to the category of loan, i.e. the defaulter is obliged to pay the organization also interest on the debt;

An agreement to repay a debt within a specified period. This agreement establishes a strict period within which the debt must be repaid;

Agreement on transfer of debt to another person (Article 391 of the Civil Code of the Russian Federation).

Suspension or restriction of the provision of housing and communal services is a measure of contractual liability and pre-trial influence, and also includes the accrual of penalties.

The collection of penalties is of a compensatory and punitive nature, i.e., it is aimed at punishing the debtor and compensating for the losses of the resource supplying organization. In accordance with Part 14 of Art. 155 of the Housing Code of the Russian Federation, penalties are established in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation from amounts not paid on time for each day of delay. At the same time, an increase in the amount of penalties established by the Housing Code of the Russian Federation is not allowed.

The conditions for suspending or restricting the provision of housing and communal services to citizens are provided for by the Decree of the Government of the Russian Federation dated May 6, 2011. N354.

Suspension or restriction of the supply of utilities is carried out in the following order:

1) the resource supplying organization sends the defaulter a written notification that in case of failure to repay the debt within 1 month from the date of sending this letter, the provision of utility services to him will be suspended or limited. A list of such services is attached to the notice, which is transmitted to the debtor by delivery against signature or sending by registered mail;

2) if the consumer fails to repay the debt, within the period established in the notification, the resource supplying organization has the right to limit the provision of utility services with a preliminary written notice of this to the consumer three days in advance;

3) if the debt is not repaid after 1 month from the date of introduction of the restriction, the resource supplying organization has the right to suspend the provision of utilities, with the exception of heating, cold water supply and sanitation.

Limiting the provision of housing services for the maintenance and repair of common property of the house is practically impossible.

Let's consider debt collection through legal proceedings. If the debtors have not fulfilled their obligations for timely and full payment of housing and communal services, the debt can be collected forcibly. The parties turn to court settlement if the pre-trial proceedings do not lead to a positive result, i.e. appealing to the courts is advisable if all pre-trial measures have been used.

Types of judicial measures include collection of arrears in payment of housing and communal services, collection of penalties, eviction of a defaulter from a rented residential premises (Article 90 of the Housing Code of the Russian Federation).

The law does not provide for the eviction of the owner from his apartment on the basis of debts for housing and communal services in any amount. However, if the apartment is not the only housing for the defaulter, recourse to foreclosure is possible.

Thus, for resource supplying organizations, the main principles in working with debtors should be the construction of clear, planned and regulated actions in relation to debtor consumers, as well as the prevention of debts and their liquidation in the early stages, because further work on debt collection requires much greater financial costs, human and time resources.

From the first day a debt arises and at any time until its repayment, this debt can be transferred to collection agencies - agencies for comprehensive legal collection of debts, the number of which in Russia does not stop growing. In Fig. 2. Some regions are depicted, indicating the number of collection organizations registered in them.

Fig.2. Number of collection agencies registered in the constituent entities of the Russian Federation in 2014

Comparing Fig. 1 and fig. 2 we can conclude that in those regions where collection activities are actively developing, the situation with the population’s debts to pay for housing and communal services is more favorable.

Collectors' methods provide informational motivation for debtors to behave appropriately. A characteristic feature of collections is their ability to develop a single effective method for collecting debts that have similar grounds (loans, utilities). Such integrated work schemes are several times cheaper than individual approaches.

Today, there are two main options for cooperation with collection agencies. The first of them involves concluding an agreement between the resource supplying organization and the agency. The text of the agreement contains data such as: amount of debts, number of debts, repayment terms, information on the debtor, form and amount of remuneration for collectors, etc. In this case, the collector must select and appoint a responsible person who will control and coordinate the work of collectors.

The second option of cooperation involves the sale of debt under an assignment agreement. As a result of concluding such an agreement, the collector becomes a collector, and the resource supplying organization receives a certain amount for the sale of rights previously owned by it. It should be noted that this form of cooperation with collection agencies is somewhat less common than the first option, since such agencies often do not have significant amounts of funds on hand.

Let's consider payment systems for collection agency services.

At the moment, there are three main payment systems for collection services. According to the first system, the amount of remuneration to collectors is calculated as a percentage of the total amount of funds received from the debtor. The amount of remuneration depends on the length of delay and can reach 50% of the debt amount if the delay is more than 1 year. This system helps motivate the collector, because in case of unsuccessful work, he will not receive remuneration. However, when using this payment system, there is a risk that low-income cases will remain unattended by collectors and lie on the shelf until the statute of limitations expires.

The second payment system involves transferring a fixed sum of money to the collection agency. This payment system is most often used in cases where the likelihood of debt collection is quite high. It should be noted that in most such cases it is more profitable to collect debts on the resource supplying organization’s own resources.

The third type of payment system is mixed, and implies a combination of the first two systems. In this case, the collection agency is assigned both a flat payment amount and a reward in the form of a percentage of the amounts returned for successful collection of the debt.

Attention should be paid to the fact that if the resource supplying organization has receivables, it is also a debtor. The organization is obliged to pay for the resources that it delivers to consumers. Consequently, by giving collection agencies interest on amounts owed by consumers, or by paying collectors for their work in fixed amounts, she deprives herself of the opportunity to repay her accounts payable. Based on this, we propose a fourth type of payment system, in which only accrued penalties would be transferred to the collection agency, and the debt amounts would be returned intact to the account of the resource supplying organizations. The use of this type of payment would allow housing and communal services suppliers to work without harming their activities and would minimize the risks of bankruptcy.

A difficult legal issue is the issue of maintaining the regime for personal data of debtors.

In the Russian Federation, all organizations that process and store personal data must be included in the Roskomnadzor Register of Personal Data Processing and comply with the requirements of the relevant laws (Federal Law No. 152-FZ “On Personal Data”). If these requirements are met, the collection agency has every right to store and process personal data without the right to transfer it to third parties.

However, the transfer of personal data from resource supplying organizations to collection agencies should only occur with the consent of the debtor to transfer his personal data to the collection agency. When concluding an agreement between organizations supplying housing and communal services with consumers, a separate clause should indicate that it has the right to transfer data about the debtor consumer to third parties.

If the debtor does not give such consent, then Roskomnadzor issues an order to the resource supplying organization to stop the unlawful processing of personal data by a third party within three days.

In accordance with the Federal Law of the Russian Federation dated December 21, 2013 N 353-FZ “On Consumer Credit (Loan)”, which entered into force on July 1, 2014, the transfer of personal data to third parties upon assignment of rights (claims) under a consumer loan agreement is permitted provided that that the person to whom the rights have been assigned is obliged to store the personal data that has become known to him, to ensure the confidentiality and security of this data and is responsible for its disclosure. However, this law does not apply to the activities of resource supply organizations, which means that a detailed development of the legislative framework for collection activities in the Russian Federation is necessary.

Based on the study, the following conclusions can be drawn:

1) In those regions where arrears in payment of housing and communal services reach critical values, it is necessary to create district and city collection agencies for the payment of housing and communal services debts.

2) Resource supply organizations should withhold wages from debtors to pay off the debt for housing and communal services according to writs of execution. According to Art. 66 of Federal Law N119-FZ, such deduction can be up to 50% of the salary amount. If at one time it was not enough to pay off the debt, then the deductions are transferred to subsequent salaries.

3) Based on the research conducted, we consider it advisable to make changes to Part 14 of Art. 155 of the Housing Code of the Russian Federation, namely, to increase the amount of penalties to one two hundredth of the refinancing rate of the Central Bank of the Russian Federation. This change will increase the interest of collection agencies in the fourth type of payment system for their services, which, in our opinion, is the most effective for organizations providing housing and communal services.

Reviewers:

Khrustalev B.B., Doctor of Economics, Professor, Head of the Department of Economics, Organization and Production Management, PSUAS, Penza.

Baronin S.A., Doctor of Economics, Professor, Lecturer in the Department of Expertise and Real Estate Management, PSUAS, Penza.

Bibliographic link

Kuzin N.Ya., Chevakina N.I. ORGANIZATION OF WORK FOR DEBT COLLECTION IN THE HOUSING AND UTILITIES // Modern problems of science and education. – 2014. – No. 6.;
URL: http://science-education.ru/ru/article/view?id=15621 (access date: 05/04/2019). We bring to your attention magazines published by the publishing house "Academy of Natural Sciences"