It is necessary for every owner of an apartment or house to know how penalties for late payment for utilities are correctly calculated. All signed contracts for the supply of electricity, water, gas. But many pay attention only to the amount of the mandatory payment, not noticing the period in which the debt should be repaid. And if you miss this date, service providers have the legal right to charge a penalty in the form of a penalty for late utility payments. Thus, they seek to increase the discipline of the population and protect themselves from bankruptcy.

Public services to citizens can be provided by housing organizations or resource providers themselves. After the end of the reporting month, they are required to notify what amounts have been accrued for the month for each apartment or house. Citizens can find out about their debt:

• from receipts for payment received by mail;
• from notifications sent to consumers' email addresses;
• from a personal account on the website of the company providing the service.

If, in addition to paying for utilities, penalties are charged, they are included in the general receipt and brought to consumers together with monthly payments.

Countdown days of delay

To find out how to calculate late fees, you need to find out for how long the payment was delayed. To do this, you need to know on which day the payment will already be considered overdue. By law, homeowners must pay utility bills no later than 10 days after the end of the reporting month. Thus, the delay begins on the 11th. It is calculated in calendar days, including weekends and holidays. The delay period will end when the debt is repaid. Moreover, for the day on which the debt was paid, no penalty is charged.

Important! contracts for the provision utilities Other payment terms may apply. You should pay attention to this so that the appearance of penalties for late payment in receipts does not come as a surprise.

Until 2016, interest was charged from the day following the due date for payment for services. The first changes appeared on January 1, 2016. From that date, Law No. 307-FZ came into force, which established new order charges. The document allowed the repayment of debts without financial sanctions to citizens who made a slight delay in payment. Tougher conditions have been created for malicious non-payers. If you do not pay utility bills for several months, you can get significant penalties. If after that the debts are not repaid, the organizations providing public services have the right to limit or completely turn off the supply of resources to the debtor.

Determining the amount

The amount of the fine for the population depends on the number of days of delay in payment:

1. If no more than 30 days have passed from the date of payment under the contract to the actual date of payment, no penalties are charged.
2. When the delay period exceeds 30 days, the calculation is carried out based on 1/300 of the refinancing rate of the Central Bank of the Russian Federation.
3. If utilities are not paid for more than 90 days, the charge is made at 1/130 of the refinancing rate.

Sometimes tenants, without repaying their debts, continue to use housing and communal services. The debt for non-payment of a communal apartment is growing, there is a penalty on it. Thus, it turns out that an irresponsible attitude to the obligation to pay for services can lead to significant unplanned expenses.

Refinancing rate

This figure changes several times a year. Since 2016, the refinancing rate has been equated to the key rate of the Central Bank. Since January 1, 2019, it has been as follows:

Start of action	End of action	Refinancing rate
September 19, 2016	March 26, 2019	10%
March 27, 2019	May 1, 2019	9,75%
May 2, 2019	June 18, 2019	9,25%
June 19, 2019	September 17, 2019	9%
September 18, 2019	October 29, 2019	8,5%
October 30, 2019		8,25%

When starting the calculation, it is necessary to clarify the rate that is valid during the period of delay in payment of utility bills. This can be done on the website of the Central Bank of the Russian Federation or various information portals.

Calculation formula

You can determine the amount of the penalty yourself. Sometimes this can be caused by a desire to double-check the amounts in the calculation made by the service provider. Sometimes it is necessary to calculate penalties if you plan to pay a communal apartment later than the deadline. You can calculate them using the formula.

When paying a debt within 90 days, it looks like this:

Penalty \u003d amount of debt for utility services × number of days of delay × 1/300 of the refinancing rate.

If the debt is paid after 91 days or more from the due date, the accrual is made according to the formula:

Penalty \u003d amount of debt for utility services × number of days of delay × 1/330 of the refinancing rate.

Calculation examples

It is possible to estimate the change in the size of the penalty depending on the period of non-payment if we consider an example of calculation. For example, for the supply of electricity in June 2019, the homeowner must pay 1,000 rubles. According to the contract, he must do this before the 15th day of the next month. Thus, from July 16, 2019, the delay period begins.

Option 1

The debt in the amount of 1,000 rubles was paid on August 10, 2019. Since 30 days have not passed since July 16, 2019, no penalty will be charged.

Option 2

The debt for electricity was paid on August 21, 2019. The due date for payment has been missed by more than 30 days. Penalties will be charged for 6 days from August 15 to August 20. During this time, the refinancing rate was 9%. The amount charged will be:

1,000 rubles × 6 days × 1/300 × 9% = 1.8 rubles.

Option 3

The debt was paid on September 20, 2019. This example, unlike the previous one, includes periods when the refinancing rate has changed. In the calculations, it is necessary to use its different values:

• from August 16, 2019 - 9%;
• from September 18, 2019 - 8.5%.

Therefore, the example will contain a two-part penalty calculation.

1,000 rubles × 34 days × 1/300 × 9% = 10.2 rubles.

1,000 rubles × 2 days × 1/130 × 8.5% = 0.57 rubles.

In total, 10.77 rubles will be credited.

Option 4

The debt was repaid on October 27, 2019. The overdue period is 103 days. Of these, for the last 13 days, penalties will be calculated based on 1/130 of the refinancing rate.

1,000 × 34 days × 1/300 × 9% = 10.2 rubles.

1,000 × 26 days × 1/300 × 8.5% = 7.37 rubles.

1,000 × 13 days × 1/130 × 8.5% = 8.5 rubles.

The total amount will be 26.07 rubles.

The example shows that penalties increase with the length of the non-payment period. And after 90 days of delay, their size more than doubles.

Calculation with an online calculator

You can use the possibilities for calculating penalties on various Internet sites. To do this, it is enough to drive in the amount of debt and the period of delay in payment into the online calculator. But to get the most accurate result, you should carefully enter the primary data. It must be remembered that the delay period should include only the days for which, according to the law, penalties are charged. They do not include the term of payment for utilities under the contract and the day of actual payment. Usually on such portals it is possible to indicate the debt for several months. As a result, penalties will be calculated for a specific date, taking into account all debts.

Penalty prevention

Knowing how utility bills can increase due to the accrual of penalties, you can try to take measures to avoid such sanctions. If you have any problems with payment, you should immediately contact the organizations providing utility services. If there are good reasons for non-payment, they will be allowed to issue a deferral of payments. In this case, sanctions will not be imposed. Utility providers can withdraw previously accrued penalties if it is documented that the payer did not have the opportunity to pay off the debt on time. This can happen due to illness, a long business trip, material problems. Documents explaining the reasons for late payment will need to be attached to the application addressed to the head of the organization. And, of course, in order to cancel the penalty, you will need to pay off the current debt for the communal apartment.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

Our lawyer can advise you free of charge - write a question in the form below:

So the penalty is:

• for individuals - from 3000-4000 to 10000-15000 rubles;
• for persons holding managerial positions - from 6,000–8,000 to 30,000–80,000 rubles;
• for legal persons - from 60,000-80,000 to 100,000-200,000 rubles;

The law also provides for fines if the consumer violates the restriction regime established for the consumption of electricity. Thus, the fines are as follows:

• For legal entities- 100,000–20,000 rubles;
• for persons holding leadership positions - 10,000–100,000 rubles.

Debt collection through the courts The process of debt collection itself is not regulated at the legislative level. That is why it often happens that when collecting debts from debtors, the housing office has to go to court. The law allows such actions.

How will the accrual of penalties for late utility payments change in 2018?

This option of dealing with debtors today is very effective. Debt collection issues are resolved in court in two ways:

• the method by which the writ is issued;
• the method by which judges consider the claim.

The method by which an application for grant is made court order is simpler and takes relatively little time.

The whole procedure takes three weeks. After this time, the bailiff of the performer has the right to proceed with the collection of the debt. A big plus for the state when collecting debts in this way is that the debtor will be required to pay a state fee of 50%.

Penalty for the world

This method is not always available and has significant disadvantages, namely:

• there are a number of essential requirements for documentation;
• existence of disputes;
• the possibility of the debtor filing objections against the execution of the order. In this situation, the judge usually cancels the order. If this happens, then in the future you can only file a claim.

When collecting debts, a more suitable option is the method of filing a claim.

In this case, the plaintiff must prove that:

• the debtor must bear such costs. To do this, documents are presented confirming that the premises belong to the defendant;
• the debtor has a certain amount of debt.

  To do this, it is sufficient to present bank statement about the calculations made.

How are penalties for non-payment of electricity calculated?

The structure of the act includes the following points:

• Information about the shutdown (partial or complete);
• Time and date of these actions;
• Surname, name, patronymic of the non-payer, including such information as his personal account number, address of residence (the address at which the disconnection for the debt occurs);
• Descriptions of all complex measures that were carried out during the shutdown procedure;
• Debtor's account number;
• The latest readings of the meter;
• Introduced shutdown level at partial resource limitation;
• What is the basis for the procedure?
• The amount of debt for light;
• Additional reasons for disabling, if any;
• Details and signatures of the service provider.

The document must be drawn up in three copies, all of which must be signed by both the supplier and the consumer.

Are electricity bills legal?

Info

You should be wary of eviction if payments have not been received within the last six months. By decision of the court, they also have the right to describe and confiscate certain property.

The plaintiff is Management Company, an association of homeowners, housing and communal services, a territorial branch of energy sales, but they themselves, without judicial intervention, have no right to take anything away. A more common measure, however, is to turn off the electricity supply with sealing the meter, as well as limiting the use of this resource, when the resource is supplied to the debtor every day for a certain limited time in accordance with the schedule.

utility bill law

The specialist removes the installed seals, draws up a similar act as during a shutdown, and electricity appears within a day after the amount of the debt is paid to his personal account number. Thus, even if the electricity has already been turned off for a debt, all that is needed to resume the supply of the resource is time and money, taking into account fines, of course.

Therefore, whatever the reasons for the lack of payments, if it is possible to deposit at least some amount into the account, a complete non-payment cannot be allowed. By law, if you have receipts that you have paid at least minimum payments They are not allowed to turn off the lights.

Considering the situation, what to do if the energy company has ignored the minimum payments, it makes sense to contact the housing inspectorate. However, for this, the debt should not be too significant.

How can you avoid paying interest on rent?

If such an agreement between these persons has not been drawn up, then in this case the management company will be guided by the rules prescribed in Article 395 Civil Code, according to which the amount of the penalty directly depends on the refinancing rate adopted by the Central Bank. Debt accrual is carried out if a person did not manage to pay utilities before the 10th day of the month that follows the settlement month, or another period established in the agreement with managing organization. Legal rights to refuse The deadlines for making payment for housing and utilities provided are prescribed in article 155 of the Housing Code, according to which this procedure is carried out before the 10th day of the month following the billing month. Article 155

• Also new law says after three months the amount of the penalty will increase to 1/130 of the refinancing rate for each overdue day;
• the law allows services to be disconnected or to go to court if the landlord continues to ignore payment.

For company managers and enterprises, the law provides for the following fines:

• if the delay period is 3-4 months, then the refinancing rate will be 1/170;
• with a delay of more than 91 days - the daily rate will be 1/130.

Amounts of fines provided for by legislative acts The law also provides for increased administrative liability if the owner of the housing arbitrarily connects to electricity and heating networks, gas pipelines or water supply.

Do they have the right to take penalties for light

Every citizen Russian Federation is required by law to pay the utility bills provided to him on time. If for some reason he does not do this, then the process of calculating penalties for non-payment or late payments begins.

Attention

To regulate this process, a corresponding law was adopted in October 2015. Now, from January 1, 2016, utilities have the right to apply the following penalties for non-payment or late payments:

• penalty charge;
• filing a lawsuit to recover debts;
• limit or suspend the provision of its services if non-payment is more than three months.

When collecting debts, to begin with, a notification is sent to the debtor, which indicates the amount of the debt and a proposal to pay it voluntarily before a certain period.

Do they have the right to take penalties for light

Despite the fact that the defaulter will not be able to write off the debt in any way even through the court, he can delay time for himself or even demand compensation for moral damage. The duty of energy sales employees is to officially inform debtors in a timely manner that in case of non-payment of the debt, their electricity will be turned off in the near future. Informing is made in writing and the document is handed over by mail or under the signature of the consumer, which is less common. Other methods of delivering a warning are illegal. The company is obliged to send such notices twenty days before the actual shutdown.

During these twenty days, the defaulter has the opportunity to correct the situation in order to avoid disconnection. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

In the cases provided for by law, when making settlements with an individual, not only the penalties paid - fines (penalties) are reflected in the accounting, but also the taxes and contributions accrued on them. So, if the recipient of the penalty - individual, not registered as an individual entrepreneur, then the following correspondence can be additionally drawn up:

1. When a penalty arose as part of legal relations under an agreement, payments under which are subject to insurance premiums (for example, under GPC agreement for the performance of work by an individual):

• Dt 76 Kt 68 (personal income tax charged for a penalty);
• Dt 68 Kt 51 (personal income tax paid);
• Dt 91.2 Kt 69 (contributions are accrued for the amount of the penalty - pension and medical, in accordance with subparagraph 1 of paragraph 1 of Art.

• other expenses of the obligated party (clause 11 PBU 10/99).

Penalties as income are reflected in accounting in that reporting period, in which the title documents appeared, on the basis of which the penalty was formed. Such a document can be, for example, a court decision or a bilateral act of the parties to the agreement (clause 16 PBU 9/99). The penalty as income or expense must be reflected in balance sheet before the actual settlements of the parties (p.
76 provisions by order

Ministry of Finance of Russia dated July 29, 1998 No. 34n). The main account for the formation of postings for penalties is 76. Let us study how it and its sub-accounts are used to reflect transactions related to the payment of a penalty by an economic entity (or the receipt of the corresponding income from the counterparty).

Interest on taxes: accounting entries

Therefore, the penalty should not be associated with payment for goods (letter of the Ministry of Finance of Russia dated 06/08/2015 No. 03-07-11 / 33051). If we talk about the type of penalty charged on the basis of Art. 317.1 of the Civil Code of the Russian Federation (on interest for illegal withholding Money), then the Ministry of Finance allows VAT to be charged on the amount of such a penalty if there is a connection between it and payment for goods, without explaining the specific criteria for establishing the fact of such a connection (letter of the Ministry of Finance of Russia dated 03.08.2016 No. 03-03-06/1/45600) . Thus, whether or not to charge VAT, the taxpayer determines for himself.

Error 404

It is impossible to issue a copy of SZV-M to a retiring employee. According to the law on accounting, an employer, upon dismissal of an employee, is obliged to give him copies of personalized reports (in particular, SZV-M and SZV-STAZH). However, these reporting forms are list-based, i.e. contains information about all employees.

This means that the transfer of a copy of such a report to one employee is the disclosure of personal data of other employees.< … Труд после окончания рабочего дня – не всегда сверхурочная работа Если сотрудник регулярно остается после работы, чтобы доделать незаконченные в течение рабочего дня дела, это еще не значит, что ему нужно оплачивать сверхурочные часы.

Attention

So, when accruing interest on value added tax, the posting will be as follows: Debit account 99 - Credit account 68, subaccount "VAT" Accordingly, the transfer of the amount of accrued penalties will be reflected accounting entry: Debit of account 68, subaccount "VAT" - Credit of account 51, etc. And when accruing interest on tax with the simplified tax system, the accounting entry, respectively, will be: Debit of account 99 - Credit of account 68, subaccount "USN" When accruing interest on contributions accounting entries will also consist of the debit of account 99, but for the loan you need to indicate account 69 “Calculations for social insurance and security” Penalties under agreements When accruing penalties in accounting, the entries may be different if it is not a violation of tax laws, but non-performance terms of business contracts concluded between contractors.

• Dt 91.2 Kt 76 (sub-account "VAT") - VAT was charged on the amount of the calculated penalty;
• Dt 76 Kt 68 - VAT was charged on the amount of the penalty received;
• Dt 68 Kt 51 - VAT on the penalty paid.

The penalty under the contract can be written off by the authorized party. We will study which transactions reflect this in accounting. Write-off of a penalty: nuances A penalty can be written off:

• in accordance with the agreement of the parties or a unilateral notification from the counterparty (which become supporting documents when transactions are recorded in accounting);
• according to the law - as in the case of writing off penalties under state construction contracts in accordance with Decree of the Government of the Russian Federation of March 14, 2016 No. 190.

The penalty to be written off, in any case, must be registered (by the obligated party) as recognized by the parties or by the court (posting Dt 91.2 Kt 76).

Accrual of penalties for electricity 2016 wiring

• Error 404
• How are penalties for non-payment of electricity calculated?
• Interest on taxes: accounting entries
• How to reflect the accrual and receipt of payment of interest in accounting
• Accrual of penalties for electricity 2016 wiring

Error 404 How are the paid fines (penalties) reflected in the accounting by the obligated party to the contract? The party to the contract, which is obliged to compensate the counterparty for losses by paying a penalty, will generate the following entries:

• Dt 91.2 Kt 76 (the penalty is recognized on the basis of a title document);
• Dt 76 Kt 51 (the penalty is listed within the time limits specified by law or contract).

If the penalty is paid to an individual in cash, then this will be reflected in the posting: Dt 76 Kt 50.

Auditors will report suspicious transactions of a client “where necessary” The State Duma approved amendments to the “anti-money laundering” law, according to which audit organizations and individual auditors, there will be an obligation to notify Rosfinmonitoring of suspicious transactions and transactions of the audited entity.

< … Главная → Бухгалтерские консультации → Бухгалтерский учет Актуально на: 1 февраля 2017 г.
If an organization or individual entrepreneur has not paid their taxes on time, in addition to the overdue debt, such taxpayers will have to pay penalties. Pena is sum of money, which is payable in excess of the amount of overdue taxes (p.

Penalties on taxes: accounting entries to the Federal State Budgetary Institution under a contract for the supply of electricity, the energy supplying organization has set penalties for late payment, penalties are provided for in the terms of the contract. The institution does not dispute the penalties imposed by the supplier. According to what code of types of income, article of KOSGU, should the institution pay the penalty? Having considered the issue, we came to the following conclusion: The payment of penalties under the contract for late payment is subject to reflection under the code of types of expenses 853 "Payment of other payments" and article 290 "Other expenses" of KOSGU.

Attention Justification of the conclusion: When attributing expenses to certain codes of types of expenses and articles (sub-articles) of KOSGU budget institutions are guided by the provisions of the Instructions on the procedure for applying budget classification of the Russian Federation, approved by order of the Ministry of Finance of Russia dated July 1, 2013 N 65n (hereinafter referred to as Directives N 65n). In accordance with paragraph
If a collective agreement or a specific employment contract establishes higher standards, then personal income tax is also not charged on interest. But if such standards are not established at the enterprise, then with the actual payment of a higher personal income tax compensation is charged on the difference between this compensation and the standards prescribed in the Labor Code of the Russian Federation (letter of the Ministry of Finance of Russia dated November 28, 2008 No. 03-04-05-01 / 450).

Contributions for forfeit employment contract in the general case, they are always accrued (letter of the Ministry of Labor of Russia dated April 27, 2016 No. 17-4-OOG-701). Although in judicial practice there are also opposite positions (for example, the decision of the Presidium of the Supreme Arbitration Court of the Russian Federation of December 10, 2013 No. 11031/13).

But strictly speaking, according to the letter of the law, contributions must be charged and - in order to avoid litigation- recommended.

In addition, when the subscriber does not voluntarily pay debts in a notification manner, the supplier has the right to go to court and achieve enforcement debts. The supplier itself cannot apply any sanctions. However, the bailiff service may involve persons who do not fulfill judgments voluntarily to administrative responsibility, which is expressed in fines, administrative arrests, etc. In rare cases, they are even prosecuted. How to pay utility bills Penalties for housing and communal services are paid in the same way as mutual settlements with the supplier. So, each subscriber is assigned an individual account according to the address of the residential premises.

How are penalties for non-payment of electricity calculated?

The amount of the penalty for late payment of electricity, rent So, today there are rules according to which the amount of the penalty depends on the period of delay:

• if the delay in utility payments is less than 90 days, then the amount of the penalty will be equal to or less (depending on the terms of the agreement) 1/300 of the Central Bank's refinancing rate on the day the delay is discovered;
• if the duration of the delay is more than 90 days, then the amount of the penalty will be equal to or less than 1/130 of the specified rate of the Central Bank. (Actual from January 01, 2016 to the current year 2017.)

Also, the legislation has a rule according to which the total amount of interest accrued as penalties cannot exceed 50% of the total debt. So, for example, if the debt for housing and communal services is 15 thousand rubles, then the total amount of accruals on this debt cannot be more than 7.5 thousand.

How will the accrual of penalties for late utility payments change in 2018?

So please read this agreement carefully. What is a penalty, the law on the calculation of penalties for utilities The concept of a penalty is established by civil law. Yes and general provisions, grounds and procedure for collection, calculation of penalties for housing and communal services is also determined by the Civil Code.

• Art. 317.1 of the Civil Code establishes the possibility of accruing interest on obligations that have a direct monetary value;
• article 330 of the Civil Code of the Russian Federation establishes such a type of security for the performance of contractual obligations as a penalty;
• in addition, article 332 establishes such a type of security as a penalty.

The difference between penalties and forfeit is only that the first can be determined only in the manner of contractual relations, that is, it must be indicated directly in the agreement.

How exactly are the due penalties for rent calculated?

From November 11 to December 31, 2015, penalties are charged in the amount of 1/300 of the refinancing rate (in accordance with Part 14 of Art.

The procedure for calculating and accruing penalties for utilities for late payment

155 of the Housing Code of the Russian Federation in the current edition of that period). From January 1 to February 8, 2016, penalties continue to accrue in the amount of 1/300 of the refinancing rate (in accordance with part 14 of article 155 of the RF LC in the version of Federal Law No. the period of delay exceeds 30 days, but does not exceed 90 days from the date of payment due. From February 9, 2016 (91st day after the due date of payment), penalties are charged in the amount of 1/130 of the refinancing rate until the day of actual payment.

5. Calculation of the amount of the penalty interest on the debt incurred from December 11, 2015 Payment term - until December 10, 2015, as of December 10, 2015, payment has not been made (payment has not been made after January 1, 2016).

How is the penalty for late payment of electricity calculated?

Attention

This often leads to debt among consumers: by not calculating their spending in advance, they may receive a larger bill than they planned and be unable to pay it. How to pay Paying for electricity is easy: you need to take the meter reading of your apartment or house every month, subtract the amount spent during this period and multiply the number by the tariff used. The latter can be found on the supplier's website or by phone.

Payment can be made by: In the latter case, payment is made in installments:

• 30% payment must be received by the 10th of the month;
• 40% - before the 25th day of the same month;
• the remaining amount must be posted before the 18th day of the next month, when the supplier and consumer are fully settled.

If it turned out that the consumer paid more than he spent, the difference goes to the next month's prepayment.

The procedure for calculating penalties for electricity

Starting from March 10, 2016 (91st day after the payment deadline was missed), penalties are charged in the amount of 1/130 of the refinancing rate until the day of actual payment. Overhaul The Housing Code of the Russian Federation defines a separate procedure for calculating penalties for capital repairs contributions.

Rules for charging interest on electricity

That is, the creditor, in this case, public utilities, is not entitled to demand a legal penalty determined by the Housing Code when a penalty is charged in accordance with the terms of the contract. The procedure and rules for calculating fines, terms and amounts Do you need help? Consult with our lawyer for free! Laws in our country change very often! Get the most up-to-date information by phone! Just call by phone from any region of Russia: Or contact our online consultant! Penalty for non-payment is charged for late execution monetary obligation and is represented by the interest for late payment, accrued for each day of delay. The law, as already mentioned, allows for independent determination of the amount of the penalty for the day of delay.
However, it cannot exceed the maximum limits determined by law.
In both cases, it is necessary to act quickly and contact the supplier's local office with an application, an agreement on the provision of housing and communal services, and a passport. Usually a decision is made within a week. The answer can be challenged in the judiciary. Where to find the calculator

There are a lot of such calculators on the Internet. Here is one of them: Calculator from Contract-Jurist.Ru To calculate the amount of interest in rubles, you must specify the amount of the debt, the date of the debt, and the date of its repayment. Do you have any questions? Write them in the comments! Add comment Comments Popular articles Norms of consumption and consumption of hot and cold water per person per month without a meter. Norms of water disposal SNIP. What are the norms for the consumption and consumption of hot and cold water for ...

Electricity charge

of the Central Bank of the Russian Federation, effective at the time of payment, for each day of delay, starting from the next day after the due date of payment until the day of actual payment inclusive (clause 14, article 155 of the Housing Code of the Russian Federation). From 09/14/2012, the refinancing rate Central Bank The Russian Federation is set at 8.25% per annum. That is, according to the above norms, the penalty is charged for each day of delay, starting from the next day after the due date of payment until the day of actual payment, inclusive. fines to citizens-consumers for untimely payment of electricity.
And the penalty, in turn, is directly determined by law, so that a special agreement on the calculation of penalties is not required. Most even professional lawyers believe that it is a penalty that is charged in case of housing and communal services debt, since such a provision is provided directly in the law. So, item 1. and item 14. Article 155 of the Housing Code of the Russian Federation determines the obligation to charge penalties for the provision of housing and communal services to residents.

However, do not forget that this rule valid only if not specified in the contract. Since the law gives priority to the contractual regulation of economic relations, the legal penalty is left to the discretion of the creditor, and in this case, the utility service provider. In addition, only one of the specified interest charges on debts is allowed.

In strict accordance with the Federal Law of December 3, 2015 No. 307-FZ "On Amendments to Certain legislative acts of the Russian Federation in connection with the strengthening of the payment discipline of consumers energy resources", as well as in accordance with Article 37 federal law dated March 26, 2003 No. 35-FZ "On the electric power industry" and part 14 of article 155 of the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ, consumers or buyers of electrical energy who have not paid electricity to the guaranteeing supplier on time or not in full are obliged to pay him penalties.

With regard to a conscientious payer-citizen, the law provides for the abolition of penalties in the first month of delay. In case of delay from 31 to 90 days, the amount of the currently effective penalty will remain - 1/300 of the refinancing rate of the Central Bank of the Russian Federation. Starting from the 91st day, the amount of the penalty will be 1/130 of the refinancing rate of the Central Bank of the Russian Federation of the amount not paid on time for each day of delay.

Consider several examples of calculating penalties for debts for obtaining energy resources at a rate in 2016.

Example 1. If you owe 5,000 rubles for electricity, then for the first three months you will run up 495 rubles in fines. For six months of delay, penalties will increase to 4,569 rubles. If you owe 60 thousand rubles for the year, now you will have to pay penalties for this amount in the amount of 18,530 rubles:

• for three months: 15,000 x 90 x 0.11 / 300 = 495 rubles;
• for six months: 30,000 x 180 x 0.11 / 130 = 4569 rubles;
• per year: 60,000 x 365 x 0.11 / 130 = 18,530 rubles.

In accordance with paragraph 32 of the Decree of the Government of the Russian Federation of May 6, 2011 No. 354 “On the provision of public services to owners and users of premises in apartment buildings and residential buildings”(together with the Rules for the Provision of Public Services to Owners and Users of Premises in Apartment Buildings and Residential Buildings”), the electricity supplier has the right to turn off or restrict the supply of energy resources to the consumer.

According to Article 7.19 of the Code of Administrative Offenses of the Russian Federation, "unauthorized connection to power networks, as well as unauthorized (unmetered) use of electrical energy, entails the imposition of an administrative fine on citizens in the amount of 10,000 to 15,000 rubles."

According to Article 88 of the Code of Civil Procedure of the Russian Federation, as well as Article 333.19 of the Tax Code of the Russian Federation, when applying to the court with a statement of claim for the recovery of debt for non-payment of electricity, it is necessary to pay court costs, which include state fees and costs associated with the consideration of the case, which in the future, according to Article 98 Code of Civil Procedure of the Russian Federation, will be recovered from the defendant.

When applying statement of claim to court general jurisdiction or justices of the peace, in accordance with clause 1 of part 1 of article 333.19 of the Tax Code of the Russian Federation, with a claim value of up to 20,000 rubles. the state duty is 4% of the price of the claim, but not less than 400 rubles.

Accordingly, at the price of the claim 5495 RUB. stamp duty is:

• 4% from 5495 rubles. = 219.8 rubles, but since this amount is less than 400 rubles, the state duty = 400 rubles.

After the decision has been made and the deadline for appeal has expired performance list for debt collection is sent to Federal Service bailiffs. According to Article 112 of the Federal Law of October 2, 2007 No. 229-FZ (as amended on July 3, 2016) “On enforcement proceedings", in case of non-execution by the debtor of the executive document within the period established for voluntary execution, the bailiff shall issue a ruling on the collection of a performance fee in the amount of 7% of the amount of the recovery, but not less than one thousand rubles.

• 7% from 5895 rubles. = 412.65 rubles, but since this amount is less than 1000 rubles, the performance fee = 1000 rubles.

Example 2 So, if your debt for non-payment of electricity is 5,000 rubles, then, taking into account the penalty, court costs and the performance fee, the amount for three months of non-payment will increase to 6,895 rubles, for six months of non-payment - up to 10,969 rubles, and for 12 months of non-payment - up to 26,147 rubles.

• for three months: 5000 (debt) + 495 (penalties) + 400 (state duty) + 1000 (exchange fee) = 6895 rubles;
• for six months: 5000+4569+400+1000=10,969 rubles;
• for 12 months: 5000 + 18 530 + 906 + 1711 = 26 147 rubles.

The bailiff has the right to collect all the necessary information about the debtors, declare and independently search for their property. You will not be able to hide your car, apartment, cottage and other property - the bailiff has access to all the necessary databases and will first send requests to them to find out what you own.

In order to enforce the decision of the court, the bailiff is given the right:

• collect information from banks about whether you are their client (all accounts may be seized in order to subsequently write off funds from them to pay off debts);
• contact your employer in order to find out the amount of salary received for further deduction against the debt for enforcement proceedings;
• come to your house. You do not have the right to interfere with the bailiff, in addition, this is not worth doing: he will receive a relevant court ruling within a few hours and knock out the door, enlisting the support of the Ministry of Emergency Situations;
• put the debtor and his property on the wanted list;
• arrest the revealed property, seize it, transfer it for storage and sell it. The bailiff may even use your car to take out seized property on it, in which case you will not be able to prevent him;
• enlist the support of the police, security services, internal troops and migration services, and so on;
• exercise a temporary ban on traveling abroad by filing a memo to a senior bailiff. He within 7-10 days makes a decision on the ban to leave the Russian Federation for six months. A copy of the decision is sent by mail to the debtor, and after six days you are already officially considered restricted to travel abroad. Note that you do not need to have a mark that you have received a copy of the decision. You may not see him in the eyes or refuse to receive, but this will mean nothing. Trying to leave Russia if you know that a ban has been initiated against you does not make sense - you will certainly be detained at the border control point. Performers and border guards have single base data of citizens restricted to travel abroad, which is updated once every 7–14 days. That is, you will only waste money on air tickets or vouchers - you will not be allowed to cross the border;
• seize, restrict transactions with movables, real estate and shares in real estate;
• in case of leaving the seized property to the debtor for safekeeping and its further waste, damage, loss, alienation, you will be held criminally liable in accordance with Article 312 of the Criminal Code of the Russian Federation.

You should not avoid communicating with the bailiff or behave rudely: you can be punished for this in accordance with article 17.8 of the Code of Administrative Offenses “Obstruction of lawful activities bailiff, which is under execution official duties". In addition to the fine provided for in Article 17.8 of the Code of Administrative Offenses, the norms of the Criminal Code may also be applied to you. Thus, according to Article 319 of the Criminal Code of the Russian Federation “Insulting a representative of authority”, rudeness against a bailiff is punishable by 180 hours of compulsory work or corrective labor within 6–12 months.