Rules for calculating penalties for electricity. Calculation of penalties for housing and communal services for late payment of utilities: amount, when calculated, calculator Calculation of penalties under the law on heat supply calculator

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

When the penalty arose within the framework of legal relations under an agreement, payments under which are subject to insurance premiums (for example, under a civil process agreement for the performance of work by an individual):

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

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

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

Ministry of Finance of Russia dated July 29, 1998 No. 34n). The main accounting account for generating entries for penalties is 76. Let us study how it and its subaccounts are used to reflect transactions related to the payment of a penalty by a business entity (or its receipt of corresponding income from a counterparty).

Tax penalties: accounting entries

Therefore, the penalty should not be associated with payment for goods (letter of the Ministry of Finance of Russia dated June 8, 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 of funds), 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 from the Ministry of Finance of Russia dated 03.08.2016 No. 03-03-06/1/45600). Thus, the taxpayer determines whether or not to charge VAT.

Error 404

It is impossible to give a resigning employee a copy of SZV-M. According to the law on personal accounting, when dismissing an employee, the employer 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. contain information about all employees.

This means transferring a copy of such a report to one employee means disclosing the 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 calculating penalties for value added tax, the posting will be as follows: Debit account 99 – Credit account 68, sub-account “VAT” Accordingly, the transfer of the amount of accrued penalties will be reflected in the accounting entry: Debit account 68, sub-account “VAT” - Credit account 51, etc. And when calculating penalties for taxes under the simplified tax system, the accounting entry, accordingly, will be: Debit of account 99 – Credit of account 68, subaccount “USN” When calculating penalties on contributions, accounting entries will also consist of a debit of account 99, but for a loan you need to indicate the account 69 “Calculations for social insurance and security” Penalties under contracts When calculating penalties in accounting, the entries may be different if we are not talking about a violation of tax legislation, but about non-fulfillment of the terms of business contracts concluded between counterparties.

Dt 91.2 Kt 76 (sub-account “VAT”) - VAT is charged on the amount of the calculated penalty;
Dt 76 Kt 68 - VAT is charged on the amount of the penalty received;
Dt 68 Kt 51 - VAT on the penalty has been paid.

The penalty under the contract can be written off by the entitled party. Let's study which entries reflect this in accounting. Write-off of a penalty: nuances The 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 recording transactions in accounting);
by law - as in the case of writing off penalties for state construction contracts in accordance with Decree of the Government of the Russian Federation dated March 14, 2016 No. 190.

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

Calculation of penalties for electricity 2016 transactions

Error 404
How are penalties calculated for non-payment of electricity?
Tax penalties: accounting entries
How to reflect the accrual and receipt of payment of penalties in accounting
Calculation of penalties for electricity 2016 transactions

Error 404 How are fines (penalties) paid by the obligated party to the contract reflected in accounting? 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 was recognized on the basis of a title document);
Dt 76 Kt 51 (the penalty is transferred within the time limits specified by law or contract).

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

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

< … Главная → Бухгалтерские консультации → Бухгалтерский учет Актуально на: 1 февраля 2017 г.
If an organization or individual entrepreneur does not pay its taxes on time, in addition to the overdue amount of debt, such taxpayers will have to pay penalties. A penalty is a sum of money that must be paid in excess of the amount of overdue taxes (clause

Tax penalties: accounting entries The energy supply organization charged the Federal State Budgetary Institution with penalties for late payment under a contract for the supply of electricity; the terms of the contract provide for penalties. The institution does not dispute the penalties imposed by the supplier. Under what type of income code, article of KOSGU should the institution pay the penalties? Having considered the issue, we came to the following conclusion: 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 Rationale for the conclusion: When assigning expenses to certain codes of types of expenses and articles (sub-articles) of the KOSGU, budgetary institutions are guided by the provisions of the Instructions on the procedure for applying the 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 Instructions N 65n). In accordance with p.
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 when a higher compensation is actually paid, personal income tax 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 penalties under an employment contract are generally 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 opposing positions (for example, Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 10, 2013 No. 11031/13).

But strictly speaking, according to the letter of the law, contributions must be calculated and - in order to avoid legal disputes - are recommended.

In addition, when the subscriber voluntarily fails to pay debts through notification, the supplier has the right to go to court and seek forced collection of debts. The supplier itself cannot apply any sanctions. However, the bailiff service can bring persons who do not voluntarily execute court decisions to administrative liability, which is expressed in fines, administrative arrests, etc. In rare cases, they are even brought to criminal liability. How to pay penalties for utilities Penalties for utility services are paid in the same way as settlements with the supplier are made. Thus, each subscriber is assigned an individual account according to the residential address.

How are penalties calculated for non-payment of electricity?

Amount of 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 refinancing rate on the day the delay was discovered;
if 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 Central Bank rate. (Relevant from January 1, 2016 to the current year 2017.)

The law also has a rule according to which the total amount of interest accrued as a penalty 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?

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

Art. 317.1 of the Civil Code establishes the possibility of calculating interest on obligations that have direct monetary value;
Article 330 of the Civil Code of the Russian Federation establishes such a type of security for the fulfillment of contractual obligations as a penalty;
In addition, Article 332 establishes a type of security such as a penalty.

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

How exactly are 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 utility services for late payment

155 of the Housing Code of the Russian Federation in the version in force at that time). From January 1 to February 8, 2016, penalties in the amount of 1/300 of the refinancing rate continue to be accrued (in accordance with Part 14 of Article 155 of the RF Housing Code as amended by Federal Law No. 307, effective from January 1, 2016), since by January 1, 2016 the period of delay exceeds 30 days, but does not exceed 90 days from the date of payment. From February 9, 2016 (91st day after the payment is due), penalties are charged in the amount of 1/130 of the refinancing rate on the day of actual payment.

5. Calculation of the amount of penalties for debt arising from December 11, 2015. The payment deadline is until December 10, 2015; as of December 10, 2015, payment was not made (payment was not 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 budgeting ahead of time, they may end up with a larger bill than they planned and find themselves unable to pay. How to pay Paying for electricity is not difficult: you need to take readings from the meter of your apartment or house every month, subtract the amount spent for 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% of payment must be received by the 10th of the month;
40% - until the 25th of the same month;
the remaining amount must be paid by the 18th of the next month, when full settlement of the supplier and consumer occurs.

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

The procedure for calculating penalties for electricity

From March 10, 2016 (91st day after missing the payment deadline), penalties are charged in the amount of 1/130 of the refinancing rate on the day of actual payment. Major repairs The Housing Code of the Russian Federation defines a separate procedure for calculating penalties for contributions for major repairs.

Rules for calculating penalties for electricity

That is, the creditor, in this case the utility companies, does not have the right to demand a legal penalty defined by the Housing Code when a penalty is charged according to the terms of the contract. Procedure and rules for calculating penalties, terms and amounts Do you need help? Consult our lawyer for free! Laws in our country change very often! Get the latest information by phone! Just call from any region of Russia: Or contact our online consultant! A penalty for non-payment is accrued for late fulfillment of a monetary obligation and represents a percentage 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 be higher than the maximum limits determined by law.
In both cases, you must act quickly and contact the local office of the supplier 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 court. Where to find a calculator The calculator for calculating the exchange of penalties for housing and communal services is a convenient tool that calculates its size in rubles.

There are a lot of such calculators on the Internet. Here is one of them: Calculator from Agreement-Yurist.Ru To calculate the amount of penalties in rubles, you must indicate the amount of debt, the date the debt arose, and the date of its repayment. Still have questions? Write them in the comments! Add a comment Comments Popular articles Consumption rates for hot and cold water per person per month without a meter. Water disposal standards SNIP. What are the standards for consumption and consumption of hot and cold water for...

Penalties for electricity

of the Central Bank of the Russian Federation, in force at the time of payment, for each day of delay, starting from the next day after the due date for payment until the day of actual payment inclusive (clause 14, article 155 of the Housing Code of the Russian Federation). From September 14, 2012, the refinancing rate of the Central Bank of the Russian Federation is established in the amount of 8.25% per annum. That is, according to the above norms, a penalty is accrued for each day of delay, starting from the next day after the established payment deadline until the day of actual payment, inclusive. OJSC Kuzbassenergosbyt, starting from October 1, 2015, accrues penalties to citizens -consumers for late payment of electricity.
And the penalty, in turn, is directly determined by law, so a special agreement on the accrual of penalties is not required. The majority of even professional lawyers believe that in case of debt for housing and communal services, it is the penalty that is charged, since such a provision is provided directly in the law. So, point 1. and paragraph 14. Article 155 of the Housing Code of the Russian Federation determines the mandatory accrual of penalties for the provision of housing and communal services to residents.

However, do not forget that this rule applies only in the absence of an indication 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 himself, and in this case, to the housing and communal services service provider. In addition, it is allowed to demand only one of the specified interest charges on debts.

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 strengthening the payment discipline of consumers of energy resources”, as well as in accordance with Article 37 of the Federal Law of March 26, 2003 No. 35 -FZ “On 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 untimely or did not fully pay for electrical energy to the guaranteeing supplier are required to pay him a penalty.

In relation to a conscientious citizen payer, 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 valid penalty will remain - 1/300 of the refinancing rate of the Central Bank of the Russian Federation. Starting from the 91st day, the penalty amount 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.

Let's look at several examples of calculating penalties for debts for obtaining energy resources at the rate in 2016.

Example 1. If you owe 5,000 rubles for electricity, then in the first three months you will accrue 495 rubles in penalties. For six months of delay, penalties will increase to 4,569 rubles. If you owe 60 thousand rubles in a year, now you will have to pay a penalty 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;
for the 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 dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (together with the “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings”) The electricity supplier has the right to turn off or limit 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 energy networks, as well as unauthorized (unaccounted) use of electrical energy entails the imposition of an administrative fine on citizens in the amount of 10 thousand to 15 thousand 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 filing a claim in court for the collection of debt for non-payment of electricity, it is necessary to pay legal costs, which include the state fee and costs associated with the consideration of the case, which in the future, according to Article 98 of the Code of Civil Procedure of the Russian Federation will be recovered from the defendant.

When filing a statement of claim with a court of general jurisdiction or magistrates, in accordance with paragraph 1 of part 1 of Article 333.19 of the Tax Code of the Russian Federation, if the cost of the claim is up to 20,000 rubles. The state duty is 4% of the claim price, but not less than 400 rubles.

Accordingly, with a claim price of 5,495 rubles. The state duty is:

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

After the decision is made and the deadline for appeal has expired, the writ of execution for debt collection is sent to the Federal Bailiff Service. According to Article 112 of the Federal Law dated October 2, 2007 No. 229-FZ (as amended on July 3, 2016) “On Enforcement Proceedings,” if the debtor fails to fulfill the enforcement document within the time limit established for voluntary execution, the bailiff issues a resolution to collect the enforcement fee in the amount of 7% of the collection amount, but not less than one thousand rubles.

7% from 5895 rub. = 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 penalties, court costs and enforcement fees, 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 (fines) + 400 (state duty) + 1000 (administration fee) = 6895 rubles;
for six months: 5000+4569+400+1000=10,969 rubles;
for 12 months: 5000+18,530+906+1711=26,147 rub.

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

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

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 repay the debt);
contact your employer to find out the amount of salary received for further deduction against debt in enforcement proceedings;
come to your home. You have no right to interfere with the bailiff, and besides, you shouldn’t do this: within a few hours he will receive the appropriate court ruling and knock down the door, with the support of the Ministry of Emergency Situations;
put the debtor and his property on the wanted list;
arrest identified property, confiscate it, transfer it for storage and sell it. The bailiff may even use your car to remove the seized property, in which case you will not be able to stop him;
enlist the support of the police, security services, internal troops and migration services, and so on;
implement a temporary ban on traveling abroad by submitting a memo to the senior bailiff. Within 7–10 days, he makes a decision on a ban on leaving the Russian Federation for six months. A copy of the decision is sent to the debtor by mail, and after six days you are officially considered prohibited from traveling abroad. Please note that you do not need a mark indicating that you have received a copy of the decision. You may not see it or refuse to receive it, but this will not mean anything. There is no point in trying to leave Russia if you know that a ban has been initiated against you - you will certainly be detained at the border control point. Enforcers and border guards have a unified database of citizens restricted from traveling 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;
impose arrest, restrictions on transactions with movable, immovable property 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 prosecuted in accordance with Article 312 of the Criminal Code of the Russian Federation.

You should not avoid communicating with the bailiff or behave rudely: for this you can be punished in accordance with Article 17.8 of the Code of Administrative Offenses “Obstruction of the lawful activities of a bailiff while on duty.” In addition to the fine, which is provided for in Article 17.8 of the Code of Administrative Offenses, the provisions 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 towards a bailiff is punishable by 180 hours of compulsory labor or correctional labor for 6–12 months.

Every owner of an apartment or house needs to know how penalties for late payments for utilities are calculated correctly. Everyone entered into contracts for the supply of electricity, water, and gas. But many people pay attention only to the amount of the obligatory payment, without noticing the deadline within which the debt must be repaid. And if you miss this date, service providers have the legal right to charge a penalty in the form of penalties for late utility payments. Thus, they strive to increase the discipline of the population and protect themselves from bankruptcy.

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

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

Counting days of delay

To find out how to calculate late fees, you need to find out how long the payment was delayed. To do this, you need to know on what day the payment will be considered overdue. According to the 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, taking into account weekends and holidays. The period of delay ends when the debt is repaid. Moreover, no penalty is charged for the day on which the debt was paid.

Important! Contracts for the provision of utility services may establish other payment terms. You should pay attention to this so that the appearance of sanctions for late payments in receipts does not come as a surprise.

Until 2016, penalties were accrued from the day following the due date for payment of services. The first changes appeared on January 1, 2016. From this date, Law No. 307-FZ came into force, which established a new accrual procedure. The document allowed debt repayment without financial sanctions for citizens who made a slight delay in payment. More stringent conditions have been created for persistent defaulters. If you fail to pay utility bills for several months, you can receive significant penalties. If after this the debts are not repaid, organizations providing public services have the right to limit or completely cut off the supply of resources to the debtor.

Determining the amount

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

If no more than 30 days have passed from the date of payment under the agreement to the actual date of payment, no penalties will be charged.
When the overdue period reaches more than 30 days, the calculation is carried out based on 1/300 of the refinancing rate of the Central Bank of the Russian Federation.
If utilities are not paid for more than 90 days, charges are made at 1/130 of the refinancing rate.

Sometimes residents, without paying off their debts, continue to use housing and communal services. The debt for non-payment of utilities is growing, and there is a penalty for it. Thus, it turns out that an irresponsible attitude towards 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 equalized to the key rate of the Central Bank. From January 1, 2019, it was the following values:

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, you should clarify the rate applicable during the period of delay in payment of housing and communal services expenses. 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 organization providing the services. Sometimes it is necessary to calculate penalties if you plan to pay utility bills later than the due date. They can be calculated using the formula.

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

Penalties = amount of utility debt × number of days of delay × 1/300 of the refinancing rate.

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

Penalties = amount of utility debt × number of days of delay × 1/330 of the refinancing rate.

Examples of calculations

You can estimate the change in the amount of penalties depending on the period of non-payment if you consider an example of calculation. For example, for the supply of electricity for June 2019, the homeowner must pay 1,000 rubles. According to the contract, he must do this by the 15th of the next month. Thus, the period of delay begins on July 16, 2019.

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 electricity debt was paid on August 21, 2019. The due date for payment is 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 accrued amount will be equal to:

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 calculations it is necessary to use different values:

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

Therefore, the example will contain a calculation of the penalty in two parts.

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

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

A total of 10.77 rubles will be credited.

Option 4

The debt was repaid on October 27, 2019. The period of delay 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 increasing period of non-payment. And after 90 days of delay, their size more than doubles.

Calculation using an online calculator

You can use the options for calculating penalties on various Internet sites. To do this, just enter the amount of debt and the period of payment delay into the online calculator. But to get the most accurate result, you should carefully enter the primary data. It must be remembered that the period of delay should only include 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 debt for several months. As a result, penalties for a specific date will be calculated taking into account all debts.

Preventing penalties

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 problems with payment, you must immediately contact the organizations that provide utility services. If there are valid reasons for non-payment, they will allow you to issue a deferred payment. In this case, sanctions will not be imposed. Utility providers can remove previously accrued penalties if they document that the payer was unable to repay the debt on time. This can happen due to illness, a long business trip, or financial problems. The application addressed to the head of the organization will need to be accompanied by documents explaining the reasons for late payment. And, of course, to cancel the penalty, you will need to pay off the current utility debt.

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 your question in the form below:

How are penalties calculated for non-payment of electricity?

Amount of 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 refinancing rate on the day the delay was discovered;
if 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 Central Bank rate. (Relevant from January 1, 2016 to the current year 2017.)

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

Art. 317.1 of the Civil Code establishes the possibility of calculating interest on obligations that have direct monetary value;
Article 330 of the Civil Code of the Russian Federation establishes such a type of security for the fulfillment of contractual obligations as a penalty;
In addition, Article 332 establishes a type of security such as a penalty.

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

How exactly are 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 Article 155 of the Housing Code of the Russian Federation as amended at that time). From January 1 to February 8, 2016, penalties in the amount of 1/300 of the refinancing rate continue to be accrued (in accordance with Part 14 of Article 155 of the RF Housing Code as amended by Federal Law No. 307, effective from January 1, 2016), since by January 1, 2016 the period of delay exceeds 30 days, but does not exceed 90 days from the date of payment. From February 9, 2016 (91st day after the payment is due), penalties are charged in the amount of 1/130 of the refinancing rate on the day of actual payment.

5. Calculation of the amount of penalties for debt arising from December 11, 2015. Payment deadline is until December 10, 2015; as of December 10, 2015, payment was not made (payment was not made after January 1, 2016).

How is the penalty for late payment of electricity calculated?

Attention

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

30% of payment must be received by the 10th of the month;
40% - until the 25th of the same month;
the remaining amount must be paid by the 18th of the next month, when full settlement of the supplier and consumer occurs.

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

The procedure for calculating penalties for electricity

From December 11 to December 31, 2015 (21 days), penalties are charged in the amount of 1/300 of the refinancing rate (in accordance with Part 14 of Article 155 of the Housing Code of the Russian Federation as amended during this period). From January 1 to January 9, 2016 (9 days) penalties are not accrued (in accordance with Part 14 of Article 155 of the RF Housing Code as amended by Federal Law No. 307, effective from January 1, 2016 - penalties are not accrued within 30 days from the date of maturity payment). From January 10, 2016 (the 31st day from the date of payment) to March 9, 2016 (from the 31st to the 90th day), penalties in the amount of 1/300 of the refinancing rate continue to be charged.
From March 10, 2016 (91st day after missing the payment deadline), penalties are charged in the amount of 1/130 of the refinancing rate on the day of actual payment. Major repairs The Housing Code of the Russian Federation defines a separate procedure for calculating penalties for contributions for major repairs.

Rules for calculating penalties for electricity

Important

Penalties for electricity

1. Money is withheld from a mother’s pension based on a court decision for electricity debt. Today the debt is about 57 thousand. They have been withholding the pension since January, 6 thousand every month, but the money does not reach the management company, and the debt is growing every month and a penalty is accrued. When I took a printout of payments from the management company and checked it with the data from the subscriber book, it was a complete mess (my mother always transferred money to the controller and this was recorded in the book), many amounts simply did not reach the cash register (for example, they paid 10,000 and only received 2,000 and other facts ) as a result of which debt began to accumulate. And the inspector took one book when it was full, supposedly to exchange it for a new one, and did not return it. Obviously, there was also a lot of fraud in that book, but you can’t prove it. And the mother says that for 3-4 years she has been constantly being told that you have a debt and she has been paying an average of 5 thousand almost every month, and this is not at all conceivable, such amounts in the village cannot be paid for electricity, especially since the voltage in the network is not more than 180v almost always. And in general, what is the statute of limitations for such debts? Where to go?
How to return the money and clear the debt?

1.2. Hello! Let's go in order. The first aspect is criminal, the second is civil.

1. You need to contact the police, because... There is a crime here: she gave some amounts, and others were deposited as paid. This is embezzlement or misappropriation (Article 160 of the Criminal Code of the Russian Federation). File a crime report in the manner prescribed by Articles 141.145 of the Code of Criminal Procedure of the Russian Federation. The statute of limitations according to Article 78 of the Criminal Code of the Russian Federation is 2 years for crimes of minor gravity.

2. To repay the debt, you need to file a claim with the court in the manner prescribed by Articles 131-132 of the Civil Procedure Code of the Russian Federation (here the statute of limitations is 3 years according to Article 196 of the Civil Code of the Russian Federation), because there is unjust enrichment, and by virtue of clause 1 of Article 1102 of the Civil Code of the Russian Federation it must be returned by the person who embezzled the money
A person who, without the grounds established by law, other legal acts or transaction, acquired or saved property (acquirer) at the expense of another person (victim), is obliged to return to the latter the unjustly acquired or saved property (unjust enrichment), except for the cases provided for in Article 1109 of this Code .

1.3. Good afternoon

Contact the police to check the fraudulent actions of employees of the management company, in accordance with Art. 144 of the Code of Criminal Procedure of the Russian Federation will be required to conduct an inspection, you can also submit an application to the prosecutor’s office, on the basis of Art. 10 of the Law “On the Prosecutor’s Office” they will also be required to conduct an inspection of your application.

1.4. Hello, Magomed!

Your mother needs to go to court on the basis of Article 3, 131 of the Code of Civil Procedure of the Russian Federation with a statement of claim against the management organization to exclude unjustified debt from payment documents. And in court proceedings, establish the difference in charges.

1.5. 1. You must file a complaint with the police, Article 141, 144 of the Criminal Procedure Code of the Russian Federation. This is embezzlement or misappropriation (Article 160 of the Criminal Code of the Russian Federation). Let them conduct an inspection and make a procedural decision
2. The claim must be filed in court C, vol. 131, 132 of the Code of Civil Procedure of the Russian Federation.

1.6. We must definitely contact the investigative committee. Required to establish the location of the money.
Complain about missing money via the FSSP hotline +8 800 250 39 32

Theft of funds entails criminal liability under Art. 158 of the Criminal Code of the Russian Federation.

1.7. You need to contact the resource supplying organization and reconcile electricity calculations; if you do not come to a common result, then you need to go to court and resolve this issue in court, provide evidence that the mother is properly fulfilling her obligations, make payments, in accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation, Each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.

Decree of the Government of the Russian Federation dated May 6, 2011 N 354 (as amended on May 22, 2019) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (together with the “Rules for the provision of utility services...
VI. Procedure for calculating and paying utility bills

36. The calculation of the amount of payment for utility services is carried out in the manner established by these Rules, taking into account the features provided for by regulations governing the procedure for establishing and applying the social norm for the consumption of electrical energy (power), if a decision has been made in a constituent entity of the Russian Federation to establish such social norm.

1.8. Good afternoon
It will be impossible for you to prove the payment without written evidence. According to Art. 56 of the Civil Procedure Code, if you go to court, you will need to prove that payment has been made.
Therefore, you can only confirm the amounts indicated in the book.
If the police check the controllers, they are unlikely to admit that they committed embezzlement or misappropriation of funds, since they do not want to go to prison.
A writ of execution can be presented within 3 years from the date of issue.
Tell your mom not to deposit any more money without proof of payment.
Write a statement to the bailiff to withhold less than 50%, for example 10 or 20, since her pension is probably less than the subsistence level.

1.9. You won’t be able to reset it if you have a debt. You should reconcile your accounts. And proceed from this. Let us apply the general term - Article 196 of the Civil Code of the Russian Federation. If you overpaid, you can return it in court. Regarding voltage, file a claim in accordance with the RFP and then file a lawsuit in court.

1.10. Based on what you wrote in your question, the actions of the controller constitute a crime under Part 3 of Article 160 of the Criminal Code of the Russian Federation, embezzlement of money using one’s official position:
3. The same acts committed by a person using his official position, as well as on a large scale, -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by forced labor for a term up to five years with restriction of freedom for a term of up to one and a half years or without it, or imprisonment for a term of up to six years with a fine in the amount of up to ten thousand rubles or in the amount of wages or other income of the convicted person for a period of up to one month or without it and with restriction of freedom for a period of up to one and a half years or without it.
(as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ)

Your mother should submit a statement to the police under Article 141 of the Criminal Procedure Code of the Russian Federation. According to Article 144 of the Criminal Procedure Code of the Russian Federation, upon application, the police are obliged to conduct an inspection and, if there are grounds, initiate a criminal case against the controllers. Judging by your question, there are such reasons
If a criminal case is initiated, then within the framework of the criminal case on the basis of Article 44 of the Code of Criminal Procedure of the Russian Federation, your mother has the right to file a civil claim to recover the overpaid money - then she will not have to pay state duty.

2. Money is withheld from the mother’s pension based on a court decision for electricity debt. They have been keeping the salary since January, but the money does not reach the management company and the debt is growing every month and a penalty is accrued. When I took a printout of payments from the management company and checked it with the data from the subscriber book, it was a complete mess (my mother always transferred money to the controller and this was recorded in the book), many amounts simply did not reach the cash register (for example, they paid 10,000 and only 2000 was credited and other facts ) as a result of which debt began to accumulate. And the controller took one book when it was full, supposedly to exchange it for a new one, and did not return it. Obviously, there was also a lot of fraud in that book, but you can’t prove it. And the mother says that for 3-4 years she has been constantly told you have a debt and she has paid an average of 5 thousand almost every month. And in general, what is the statute of limitations for such debts? Where to go?

2.1. Good afternoon, you need to contact the police or prosecutor's office with a statement.

3. Today I paid for electricity through an online bank and paid for singing, but I don’t have singing, this money will go in honor of the debt for electricity.

3.1. It is in his honor that the singing will go away.
Good luck.

4. Need advice regarding debt and penalties for electricity in SNT.

4.1. Describe your situation in detail and they will advise you.

5. The debt to electricity for 2014 - 2016 has arrived. 5,678 rubles plus a penalty of 2,664.63. Only in May of this I found out that there was a trial in March of this year, I did not receive any notifications. And then I found out, through an SMS from the bank, that the debt had begun to be written off. The money was paid through the housing office, which has not existed since 2016. How to prove the statute of limitations on payments? I can no longer find old checks; on many checks nothing is visible anymore. Or will I have to pay? And are the penalties really that big? Moreover, this is a room in a communal apartment and no one lives in it.

5.1. Hello.
To begin with, you can cancel the court order. Receive it from the bank and file objections regarding its execution within 10 days from the date of receipt, Art. 128, 129 of the Code of Civil Procedure of the Russian Federation.
If the claimant then goes to court with an ordinary claim, you can claim that the statute of limitations has expired, Article 199 of the Civil Code of the Russian Federation.

6. Our gardening has a debt to the electricity supplier. This accumulation of debt occurred due to the fact that our supplier records incoming and consumed electricity using a single meter. We are all gardeners; for several years now we have received personal personal accounts and directly pay for electricity services to the supplier’s account. But the difference between what we paid and what they supplied us is visible to them from this single counter that hangs in the Board. This means that some of the gardeners are not paying for electricity or the suppliers are charging us. They don’t want to separate the accounts, citing our debts (4.5 million including penalties). 8 courts in 3 years gave us nothing (up to the Supreme Court). Now they want to announce the collection of targeted contributions to pay off the NST debt. I have all the payment receipts, I always pay for electricity carefully and honestly, on what basis can I be forced to pay for the debts of a legal entity?

6.1. Good afternoon
To receive detailed advice, you should attend a face-to-face consultation with all documents.

7. Will interest be calculated on penalties if the main debt for electricity has already been repaid? Or you need to write a statement to the energy department. Campaign?

7.1. No, it's illegal. The accrual of a penalty on a penalty or interest, as well as interest on a penalty or interest, is unacceptable, since the method of ensuring the fulfillment of obligations and (or) a punitive measure of liability in this case will be the initially accrued penalty or interest. They continue to accrue until the moment of actual fulfillment of the obligation and in themselves serve as a sufficient means of security and (or) a punitive measure of liability.

8. Will penalties be written off if the debt for electricity is fully repaid? Thank you.

8.1. Good afternoon Penalties are usually paid separately.

9. A recalculation for electricity has arrived for 56 thousand, until this moment receipts were paid according to the average house price. If we fail to prove that the meter is operating incorrectly and we will be forced to pay the debt in full: it is possible to conclude an agreement with Petroelectrosbyt for installments/gradual payment of the debt, in order to avoid accrual penalties?

9.1. Perhaps if they meet you halfway. Why not.

10. What to do if you wrote the wrong electricity meter reading. There was a reading of 13198, they wrote 31198, they calculated a huge amount of about 68,000 rubles and a penalty of 3280 rubles. After recalculation, they changed the amount and the penalty remained 3,280 rubles.

10.1. Contact the organization and write off the fine; if they refuse, go to court.

11. Which regulatory act should I refer to in order to avoid paying penalties for late payments for electricity?

11.1. Hello! On the Housing Code of the Russian Federation and PP of the Russian Federation No. 354

12. The essence of the question: in February, March and April 2019, transfers for payment for electricity using a bank card were completed successfully. When reconciling the calculations, it turned out that there was no receipt of money into the account of Altaienergosbyt JSC for the period of time described above. How to properly file a claim to the bank and a lawsuit, because... for failure to fulfill their obligations to transfer money for electricity use services more than 65 days from the date of transfer, penalties and debt are charged to the service provider. Sincerely, Anzhelika Groshikova.

12.1. Angelica, for help in drawing up a document, you can contact any lawyer in private messages.

13. On November 29, 2017, a report was drawn up on us regarding unmetered electricity consumption in the amount of 24,414 rubles. A statement of claim was filed against us, having overdue all the deadlines, 3 months later, without a decision from the Magistrate’s Court, we were already charged 1,119 rubles. According to the decision of the court of first instance, the claim was satisfied in full, and the amount of 24,414 rubles was recovered from us without this penalty. We filed an appeal to the District Court, District Court on September 27, 2018, simply without understanding our case, without taking into account the evidence of our innocence. According to the well-established scheme, the decision of the first instance was left unchanged. The bailiffs sent a writ of execution to the Pension Fund of Russia to collect jointly and severally from us the amount of 24,470 rubles. without any singing. Since November 2018, this fine began to be withheld from our pension; we were not charged any additional penalties. After 6 months, namely on April 6, 2019, having paid an amount in excess of 21,300 rubles, EnergoSbyt sent us a payment debt in the amount of another 13,333 rubles in the receipt for payment for electricity. where did it form? And is this legal if the Courts did not award it? What should we do? We were sued for nothing anyway. They did not take into account the last check, which they simply had to take into account when calculating the fine, carried out in accordance with PP.RF. No. 442, paragraph 195, 15 days before drawing up the Act on unaccounted consumption. To which we provided the document of this inspection to the Courts, in which there were no violations, since no reports of violations were drawn up. The fine should have been assessed to us in just 15 days, being near the meter in accordance with this clause 195 from the date of the previous control check, using Appendix No. 3, clause 1, clause a) for one tariff meters, applying a coefficient of 0.9. Representatives have long ago misled all the Courts that there is only one standard for calculating a fine, which is 10 times the amount for a maximum period of 90 days, including all violations in this fine. They included here paragraph 85 3) PP.RF. No. 354. Allegedly, we did not allow them to access the meter to check the readings, and they would have used the house register, charging a fine according to the number of registered persons in the residential premises and living space, where a coefficient of 1.5 and not 10 is applied .
And about the existence of two more standards for calculating fines using coefficients of 0.9. and 1.5. they are silent, the courts don’t care about this and don’t want to look into it. So what should we do? Should I pay 13,333 rubles for these too? These representatives take advantage of the fact that people do not know the laws and the RF Regulations No. 354,442, and have turned this into a profitable criminal business. The courts are mired in mutual responsibility and do not understand anything. Tell me what should we do? In August 2017, I suffered a heart attack, and in September 2017, I had a very difficult heart surgery (CABG) with opening of the chest. And from November 2017 to the present, representatives of the Omsk Energy Sales Company have been mocking us, simply finishing off me and my wife. The lawyer we hired took 26,500 rubles from us, did not utter a word in our defense in more than one Court, lied that he had filed a cassation appeal with the regional Court, but he himself did not do so and was overdue for filing. HELP US PLEASE!

13.1. You yourself said that there is no court decision on the latest penalties. Do not pay penalties for which there is no court decision that has entered into legal force (Article 13 of the Code of Civil Procedure of the Russian Federation). Send them to the court, and there you will need to submit a written petition to reduce penalties and fines due to their disproportion to the violated obligation with reference to Article 333 of the Civil Code of the Russian Federation.

13.2. Unfortunately, if there is a court decision and it has entered into legal force, then it is mandatory for execution, Article 13 of the Code of Civil Procedure of the Russian Federation. You can appeal it all the way to the Supreme Court of the Russian Federation. As for mutual responsibility, this is a general question. Regarding the lawyer, you can file a claim with him and go to court if you think that he defended you poorly.

13.3. You need to recover all losses you incur from your lawyer. If your lawyer has the status of an advocate, you can also complain to the Bar Association. The lawyer will be subject to disciplinary action. There are also signs of fraud under Art. 159 of the Criminal Code of the Russian Federation. In this regard, contact the prosecutor's office.

13.4. In your situation, if the matter has reached the courts, then only a higher court can overturn court decisions that were not in your favor. If the lawyer deceived you, then write a complaint against him to the Bar Association. But in any case, you need to file a cassation appeal under Article 376 of the Code of Civil Procedure of the Russian Federation if it has expired deadline for filing a complaint, then you need to attach to the complaint a petition to restore the missed deadline, Article 112 of the Code of Civil Procedure of the Russian Federation. In the petition, indicate under what circumstances you missed this deadline. I think that the court will restore it.

14. I received a debt for electricity for penalties from 2015 to 2018, what should I do?

14.1. Either pay or wait for the court and declare there the limitation period for 2015, you are not obliged to pay the debt and penalties only from 2016

15. In the apartment where a mother of many children and her minor children live, a debt has accumulated to the HOA, because payments were not made in full. The HOA was transferred to a management company, and the debt on the apartment was transferred to the energy sector under an assignment agreement. The family paid current electricity costs and paid the debt in small installments, but the debt was not covered due to the accrual of penalties. At the moment, the power engineers have disconnected the apartment from the power supply. What to do in this situation? The family does not have the opportunity to fully repay the debt immediately.

15.1. Hello, agree with the company that supplies electricity and sign an agreement with them to pay the debt partially every month.

15.2. --- Hello dear site visitor! Write an application to provide you with an installment plan to pay off the debt, say for 6 months, and if you receive a refusal, appeal it in court within 3 months. Article 218 CAS RF. Submission of an administrative claim to challenge decisions, actions (inaction) of a state authority, local government body, other body, organization vested with certain state or other public powers, an official, state or municipal employee and consideration of an administrative case based on the filed administrative claim.
Good luck to you and all the best, with respect, lawyer Ligostaeva A.V.

16. I wanted to know if there are any penalties or markups in energy sales accounts if we have an old type meter? For some reason, large electricity bills began to appear.

16.1. Contact the PetroEnergosbyt office - if you have not carried out a scheduled check of the meter, then you will be charged an increasing factor.

17. Since December 2016, our gardening partnership has incurred a debt for electricity consumption. Currently, including penalties, it amounts to about 4 million rubles. The energy supply organization does not turn off the lights, explaining that it is “meeting consumers halfway.” Is this behavior legal? The debt grows like a snowball. Bankruptcy proceedings have been launched.

17.1. Sorry, but I don’t understand how I can help you if you all don’t pay for the electricity.

18. At the time of acceptance and transfer of the apartment, receipts for payment of debt for electricity were presented. And the next month Petroelectrosbyt imposed a penalty of 7831.32
.Prior to this, Petroelectrosbyt had not issued anything in the invoices. What can be done?

18.1. Hello! Do you have the transfer acceptance certificate on hand? You need to get acquainted with it. By virtue of the law, you have the obligation to pay for utilities after signing the act of acceptance of the transfer.

18.2. Well, if you do not agree with them, you should submit a written objection.

18.3. Nothing, the obligation to pay utility bills arises from the moment you began to own and use it, so penalties for the previous period do not concern you
"Housing Code of the Russian Federation" dated December 29, 2004 N 188-FZ (as amended on January 22, 2019)
"" Housing Code of the Russian Federation Article 155. Payment for residential premises and utilities

ConsultantPlus: note.
The obligation to pay for services for the management of MSW occurs if there is an agreement between the subject of the Russian Federation and the regional operator and a unified tariff for services for the management of MSW, but no later than 01/01/2019 (Federal Law dated 06/29/2015 N 176-FZ).
""1. Payment for residential premises and utilities is paid monthly before the tenth day of the month following the expiration of the month, unless a different period is established by the management agreement of the apartment building or by decision of the general meeting of members of the homeowners association, housing cooperative or other specialized consumer cooperative created to meet the needs citizens in housing in accordance with the federal law on such a cooperative (hereinafter referred to as another specialized consumer cooperative).
(as amended by Federal Law dated June 4, 2011 N 123-FZ)
(see text in the previous “edition”) Art. 155 (as amended by Federal Law No. 307-FZ dated November 3, 2015) applies to relations arising from contracts concluded before December 5, 2015.
""14. Persons who have lately and (or) not fully paid for housing and utilities are required to pay the lender a penalty in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day of delay starting from the thirty-first day following the day of the established payment due date until the day of actual payment made within ninety calendar days from the date of the established payment due date, or until the expiration of ninety calendar days after the date of the established payment due date, if payment is not made within the ninety-day period produced. Starting from the ninety-first day following the day of the established payment deadline until the day of actual payment, penalties are paid in the amount of one hundred and thirtieth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day of delay. An increase in the amounts of penalties established by this part is not allowed.
(Part 14 as amended by Federal Law dated November 3, 2015 N 307-FZ)
(see text in the previous “edition”) by the developer and its acceptance by the participant in shared construction are carried out according to a transfer deed or other transfer document signed by the parties. In this case, the transfer of a shared construction project is carried out no earlier than after receiving, in accordance with the established procedure, permission to put into operation an apartment building and (or) another real estate property. And the developer’s obligations are considered fulfilled from the moment the parties sign the transfer deed or other document on the transfer of the shared construction project (Article 12 of Law No. 214-FZ).
Thus, the participant in shared construction actually owns and uses the constructed property from the moment of its transfer according to the transfer deed signed by the parties. Until this moment, this object is owned and used by the developer, who must bear the burden of maintaining this property by virtue of the specified rules of law.
This conclusion is confirmed by judicial practice (Determination of the Supreme Arbitration Court of the Russian Federation dated March 19, 2012 N VAS-15726/11, Resolution of the Federal Antimonopoly Service of the Eastern Military District dated September 3, 2012 in case No. A 38-5171/2011, Determination of the St. Petersburg City Court dated October 24, 2011 N 33- 15452).

19. I pay for electricity according to the meter. In 2018, a debt was presented. I went to look into it because the meters had been changed to electronic ones and I had to deal with the old ones and start from scratch. When they began to investigate, they discovered a debt for the ODN, a penalty, a fee for the missed transmission of meter readings, and an incorrectly charged fee due to a glitch in the program (doubling of amounts was revealed). The meter was in good working order, during the period there were checks and control readings were taken. The explanation for the payment for missed testimony is that if I did not submit the testimony on time, then I have to pay according to the average. After recalculation, I paid off my debt. I was given a certificate that there is no debt. The meters are already electronic, readings are transmitted without the participation of residents and without the participation of the HOA. I looked into my personal account and again I have a debt, the amount is within the limits of monthly consumption. The energy supply company said that the program thinks so and they can’t do anything.

19.1. Contact the housing inspectorate or prosecutor's office for verification.

20. Please tell me, if a non-existent debt and penalties for 2016 were accrued in payment for electricity, who should be responsible for this.

20.1. Hello, just don’t pay this non-existent debt, and send an application for recalculation to the energy supply company, let them look into it and explain where it came from.

21. I moved to another apartment under the purchase and sale agreement. I received a penalty of almost 4,000 rubles allegedly for non-payment of electricity for several months, i.e. During this period of time I did not live in this one! E.sbyt said that I must pay, otherwise the penalties will only increase every month. But why should I pay? I don't understand. Please explain the situation.

21.1. Hello!
I would advise you to contact the former owner by sending him a written claim, let him pay. He did not notify you about the debts. Indicate that you are ready to file anything in court.
For assistance in drawing up documents (claims, complaints, statements of claim, etc.) and for more detailed advice, you can contact the lawyer of your choice on the website.
All the best!

22. Good day! The electricity bill has arrived. I owed 85,000 rubles +25,000 penalties. Didn't give evidence. I paid on average. I paid my bills on time. Plus they sent an application for a court order. + I send SMS that they will turn it off. Is it possible to do something about this?

22.1. Alexander, we need to reconcile the payment of bills in connection with which such a debt arose. Disconnection can only be made after official written notification. Let them recover it in court. The court order can be canceled.

23. I inherited an apartment, a debt of 140 thousand and penalties accumulated for it, the electricity supply was turned off there. I am planning to rent out the apartment, but I need the electricity supply to be restored. If I go to the management company and say that now I can only pay 15-17 thousand, will they restore the power supply? (Later I plan to contribute 15 thousand monthly).

23.1. Natalya, as agreed. They are not required to turn on until you pay off the debt in full. But maybe they will meet you halfway.
Sincerely.

24. Parents received a bill for electricity for their dacha with penalties of 7,000 rubles in 20018. Parents live at the dacha from May to mid-September and pay according to the meter readings regularly. In energy sales they refer to a program that automatically keeps track of electricity.

24.1. Boris, contact the company with a request to conduct a network survey for possible illegal connections by third parties.

I will be glad to continue the conversation if you have any clarifying questions, I also ask you to leave a review on my page. Thank you in advance!

25. I pay off my son’s utility bills. Today I discovered that penalties were withheld from the electricity payment. I thought it was only through the court.

25.1. In general, penalties are paid through the court, or if you overpay under an agreement, the overpayment pays off the penalties.

25.2. No, not necessarily. If your payment for the month is more than the invoice, then a penalty will be charged on the excess payment. According to the law, if there is a debt, a penalty must be paid.

26. In April 2017, they installed a new electricity meter and began paying according to its readings. Until this moment, they paid according to the standards, because... the old meter did not work (we inherited it from the old owner of the apartment). In August 2018, I received information from Petroelectrosbyt that if the receipt contains incorrect information about the owner of the apartment (the information of the old owner was there), then the correct information must be provided. I brought a certificate in form 9 with all the data. The data was corrected for me. And now, in February 2019, they sent me an invoice containing penalties of 2,100 rubles, because... They recalculated the standard according to which I paid earlier, because... there were more people living in the apartment, which was indicated in their data. They made the recalculation for the period from 07/01/2014 (the date I took ownership of the apartment) until 06/01/2017, when they started receiving data from the new meter. How legal is this? Has the statute of limitations expired? At least partially?

26.1. PES members can “count” anything. But, if it comes to judicial collection of penalties, then at the court hearing you will have the right to declare the application of the limitation period to the collection period. (see Article 199 of the Civil Code of the Russian Federation)
Today, the period of claims can be defined as from 02/09/2016 to 02/09/2019. Tomorrow this period will already be from 02/10/2016 to 02/10/2019 and so on.

27. Our organization entered into an agreement for the supply of electricity with the supplier, entered into an electricity supply agreement and an act of delimitation of balance sheet ownership. We paid according to our own meter. Reconciliation reports were sent every year. Yes, there were late payments, but then we paid all the debts, including penalties and interest.

Two more neighboring buildings (two more organizations) are connected through our building. One of the buildings is also included in our balance sheet area. We did not enter into any agreements with these organizations.

After some time, the supplier installed his meter on the pole, we did not sign the act of putting the meter into operation, indicating that two more neighboring buildings were powered through our building and proposed changing the installation location of the meter and the balance zone. The supplier refused and commissioned the meter.

After some time, the supplier sues us and wants to recover for losses in the power grid for 2016 and 2017. At the same time, judging by the reconciliation acts and payment orders, we paid for all the debt that was and everything that we consumed. And now they demand from us that we pay for what we did not consume; perhaps the debt arose due to the fact that two other organizations are connected through our building.

Tell me how to prove that we have no debts to the supplier.

27.1. Hello.

To answer accurately, you need to read the statement of claim.

27.2. It is necessary to establish how two organizations are connected through your building. Who gave them permission? At the court hearing, you can file a motion that you are not a proper defendant in the case, and attach your arguments and written evidence—payment receipts,

28. By the decision of the general meeting (it was against), the SNT introduced such an item as payment of contributions before June 1 of the current year. In case of non-payment before this time, a penalty is charged in the amount of 1% per day of the overdue amount (but not more than the amount of contributions, this is 8,000 rubles). The following situation arose: in 2017, I paid contributions from July to September, and they calculated a penalty of about 3,000 rubles. In 2018 it’s the same story (But I can’t pay earlier for various reasons). In 2019, I received a letter from the chairman that all my contributions for last year went to pay a fine and for last 2018 I already owe more than 13,000 rubles. Is it better to write off my penalty first than the main debt? I make the payment not personally to the chairman, but to the SNT bank account, indicating the name of the payment as the actual payment for electricity consumption. Why does payment of dues translate into payment of penalties, but not electricity?

28.1. It is legal if it was decided so at the general meeting. According to Article 17 of the Federal Law of July 29, 2017 N 217-FZ “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation,” this issue is within the competence of the general meeting of members of the partnership.

28.2. Unauthorized. In this case, the penalty is a measure of responsibility. It can be reduced in court on the basis of Art. 333 Civil Code of the Russian Federation. The order of priority must be specified in the decision of the general meeting. You have to watch it to draw conclusions.

28.3. First of all, the principal is paid, then the penalties. In your case, don't pay. Let them sue you. In court, ask to reduce the penalty, Article 333 of the Civil Code of the Russian Federation. Federal Law “On gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” dated July 29, 2017 N 217-FZ (latest edition), Art. 14.17

28.4. --- Hello, dear site visitor, you should have challenged the minutes of the SNT general meeting in court, but at the moment everything is legal, as can be seen from the question. Knowing about this situation in SNT, you, as if nothing had happened, continue to break the law and are indignant, but you will have to pay debts on contributions and penalties! See Federal Law “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” dated July 29, 2017 N 217-FZ (latest edition). Good luck to you and all the best, with respect, lawyer Ligostaeva A.V.

28.5. The minutes of the general meeting are not disputed in court. You can challenge the decision of the general meeting. The chairman's actions are unlawful, but you must obey the decision of the meeting and find a way to pay membership fees on time.

29. How to go to court if the electricity supplying organization has been accruing fictitious debt for electricity since 2013 and is charging penalties, current payments on the meter are paid. They don’t respond to any complaints from me - just pay and that’s it. They don't go to court. Because of this, the lights in the apartment were turned off, and there are electric stoves in the house. The prosecutor's office does not want to get involved with them.

29.1. Hello, Valentina! Go to court to challenge the actions of the energy supply company to limit power supply and restore it. And already during the trial, prove the absence of debt, and, as a consequence, the grounds for introducing restrictions.

29.2. It is necessary to file a claim for recognition of the debt as absent.

30. Please explain what penalties are for paid debts for electricity? Thank you.

30.1. Penalty is a civil liability for untimely fulfillment of obligations established by law or contract.

31. An energy-saving company has frozen the personal account, does not accept meter readings in calculating receipts, and has calculated electricity consumption according to the standard for 3 months. There is a debt, we pay in installments. They say that until the debt is paid in full, payments will be calculated according to the standard, and penalties will be charged in case of non-payment of bills. After the debt is paid, a recalculation will be made. But penalties will not be included in this.
Does the company have the right to do this?

31.1. As the question is formulated this way, you have no right; the presence of debt, in itself, does not affect the method of payment for a certain period. If it is on the meter, the period will be paid on the meter. But if testimony has not been submitted for some time, or verification has not been completed in a timely manner, a transfer to another method of payment for the delivered goods is expected.

31.2. Definitely illegal.
You can go to court or the prosecutor's office to try.

32. I have a question. I purchased /bought/ an apartment. The previous owner of the apartment provided certificates of no debt for heating and electricity. But he said nothing about the phone and the Internet. I didn’t ask because I saw that there was no telephone in the apartment. After some time, I decided to install the Internet, but the telecom company informed me that this apartment had Internet access and a modem provided, and that there was currently a debt of 30,000 rubles. and that I must pay the debt and penalties. My objection that I didn’t know that the Internet was connected and that when I bought it, the previous owner didn’t give me a modem and I didn’t use Internet services, it was simply ignored. What should I do in this case and what laws should I refer to?

32.1. Erlan, you must understand that this debt is not registered with the apartment, but with the citizen. In this case, the previous owner must pay the debt.

Housing Code of the Russian Federation Article 153. Obligation to pay for residential premises and utilities

1. Citizens and organizations are obliged to pay for housing and utilities on time and in full.
2. The obligation to pay for residential premises and utilities arises from:

5) the owner of the premises from the moment the right of ownership to such premises arises, taking into account the rule established by Part 3 of Article 169 of this Code;

Civil Code of the Russian Federation Article 223. The moment of emergence of the ownership right of the acquirer under the contract

1. The right of ownership of the acquirer of a thing under a contract arises from the moment of its transfer, unless otherwise provided by law or the contract.
2. In cases where the alienation of property is subject to state registration, the acquirer’s right of ownership arises from the moment of such registration, unless otherwise provided by law.
Real estate is recognized as belonging to a bona fide purchaser (clause 1 of Article 302) on the right of ownership from the moment of such registration, with the exception of the cases provided for in Article 302 of this Code when the owner has the right to claim such property from a bona fide purchaser.

33. How to avoid paying penalties for electricity? The meter has been turned off for a year, while we are making repairs, we didn’t care, but the main debt has been paid. But we don’t want to pay penalties. How to write it off?)

33.1. Hello,
These penalties, by their legal nature, are a legal penalty.
According to paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2017 No. 22 “On some issues of consideration by courts of disputes regarding the payment of utilities and residential premises occupied by citizens in an apartment building under a social tenancy agreement or owned by them by right of ownership,” the fine established Part. 14 of Article 155 of the RF LC, in case of its obvious disproportion to the consequences of a violation of an obligation, may be reduced at the initiative of the court resolving the dispute (clause 1 of Article 333 of the RF Civil Code).
In accordance with the legal position set out in paragraphs 69 – 70 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 7 dated March 24, 2016 “On the application by courts of certain provisions of the Civil Code of the Russian Federation on liability for violation of obligations”, a reduction in the penalty is also allowed at the request of the debtor .
Taking into account the above, in the case of collecting a fine in court, you need to declare that the penalty is clearly disproportionate, and also asks the court to reduce the declared penalty to 0 rubles, taking into account the provisions of the current legislation of the Russian Federation, which states that a statement about the obvious disproportionateness of the penalty to the consequences of the violation An obligation in itself does not constitute an acknowledgment of a debt or a violation of an obligation.
It is better to make such a statement in writing.

34. I have been renting an apartment for 3 years.
For the last half a year I had health problems and I was late in paying, but I paid every month. As a result, I accumulated a debt for K. and the owner said that it was my debt and I had to pay it because I was late in paying. and they paid a penalty to the bank.
For 20 tr they turned off the electricity to the homeowners association; there is no gas there.
We had to go to our relatives, and the landlady changed the locks and said, if you don’t give the money back by 20, I’ll throw the things in the trash.
Besides things, there were expensive medications left there (I'm a diabetic).
What should I do?
There was no agreement, there is a receipt for the first money for rent and a reserve for the lease.

34.1. In fact, you need to enter into a rental agreement in such cases, to at least somehow protect yourself. Now contact the local police officer for assistance. As for paying for utilities - whether it is your debt or not - this needs to be sorted out with the landlady. It won't work - in court. Article 153.155 of the Housing Code of the Russian Federation.

34.2. It’s the owner’s problem that there is no rental agreement. If there is no contract, then there are no legal relations. You have every right to send the owner to court, but she has absolutely no right to keep your things. Regarding things, you can file a vindication claim (claim from illegal possession - 301 of the Civil Code of the Russian Federation) or you can intimidate that you will file a statement with the police (for example, 330 of the Criminal Code of the Russian Federation).

34.3. The owner must return your personal belongings and medications to you, regardless of whether there is a debt.
She has no right to hold them forcibly, it is your property. (Article 209 of the Civil Code of the Russian Federation)
And let the rest of the issues regarding payment be resolved in court.

34.4. You will inform the owner of the apartment that if she throws out things and medicine, then this is a reason for at least arbitrariness and you will be forced to contact the police with a statement.

"Criminal Code of the Russian Federation" dated June 13, 1996 N 63-FZ (as amended on November 12, 2018)
. Arbitrariness

1. Arbitrariness, that is, unauthorized, contrary to the procedure established by law or other regulatory legal act, the commission of any actions, the legality of which is disputed by an organization or a citizen, if such actions caused significant harm, -
shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by arrest for a term of up to six months.
(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ)
(see text in the previous edition)
2. The same act, committed with the use of violence or with the threat of its use, -
shall be punishable by forced labor for a term of up to five years, or arrest for a term of up to six months, or imprisonment for a term of up to five years.

35. A recourse claim has been filed regarding payment for electricity. Penalties were also calculated in the amount of recourse, BUT NOT INDICATED in the text of the claim. Do I need to redo the claim and submit it again, or can I write a petition to the court to include penalties (since they are already included in the amount of the claim)?

35.1. There is no need to re-submit anything, just clarify the calculation of the amount of the claim, taking into account the penalty.

36. I paid all the debt for electricity and penalties, and now I have received a debt for penalties again, what should I do?

36.1. Write a statement to the organization that issued your payment and attach a copy of the receipt.

37. How to act in this situation... On December 11, electricians came to us and turned off the power. I did not receive any warnings or notifications from them, either by registered mail or in person against signature... neither 20 days nor three days before the shutdown, as required by law. The debt was calculated to be quite large, 9 thousand plus penalties of 6 thousand, a total of 15. plus they asked to pay 3 thousand and kopecks for connection... I called the head of TNS Energo several times a day, in the end he “allowed” me to write an application for installment of this entire amount, along with connection, for a month! I wrote in advance to pay 5 thousand, the electricity was connected on the third day, after I paid the amount of 5 thousand... BUT, as far as I know, they give installments for up to 6 months, hence the question... are the actions of the head of TNS Energo legal in providing me with installments only for a month? I told him that I have two minor children, one of whom is only 2 years old, but he did not take this into account. I also know that their actions of cutting off power without notice are illegal. The disconnection act was drawn up without my presence and my signature. Also, the last meter readings were not recorded and it was not certified! And the amount for connecting electricity, 3 thousand rubles, seems to me to be somewhat overpriced. Can I contact the prosecutor's office with this question at this stage or is it better to leave everything as it is? Thank you in advance for your answer.

37.1. Hello, Natalia.
The actions of the power engineers in this case are unlawful. I have no right to disconnect without warning (Resolution 354). Contact the prosecutor's office.

38. Can SNT (garden comrade) set deadlines and the amount of penalties for payment for electricity that differ from the state ones. SNT is not a supplier of electricity.

38.1. They can: in accordance with paragraph 11, paragraph 1, article 21 of the Federal Law of April 15, 1998 N 66-FZ “On gardening, gardening and dacha non-profit associations of citizens”, establishing the amount of penalties for late payment of contributions, changing the deadlines for making contributions by low-income members of such association falls within the competence of the general meeting of SNT members.

But if they go to court, you have the right to declare the application of Article 333 of the Civil Code of the Russian Federation in order to reduce the amount of the penalty.

P.S. Thank you in advance for your feedback below!

39. The tenant has not paid rent for 4 months, I am about to file a claim. In the same claim, along with the calculation of penalties, can I present the amount that he owes without paying part of the utility costs. The fact is that the contract states that I, the landlord, pay only for heat (for heating the building), and he, the tenant, is obliged to pay for the consumed electricity and water supply with drainage (drainage). During this entire period, they did not make a single rent payment and there was not a single transfer for utilities. I have readings for water and energy meters at the start of the lease and before the deadline for filing a claim. In principle, it will not be difficult to obtain the relevant certificates from organizations with which I have contracts for water supply and energy. Can I take the tariffs from the invoices myself, calculate the volumes consumed by the tenant and add them to the claim.
And the second question is important for me. Since the tenant does not remit to me for the energy consumed by him and, accordingly, I do not remit to the electricians, a debt has arisen. In the coming days, the electricians will send a notice that if the debt is not repaid within a certain period of time, they will disconnect it. It kind of works for me. The tenant will have a dilemma: either pay or sit without electricity, not working, and the contract will still be considered valid until he notifies of termination, a period of 2 months of advance notice. I think the prospect is not very bright. But here's the nuance. He is a tenant who rents only 1/3 of the entire building and 2/3 is vacant, and it happens that they call to rent for a short period of 2-3 days for exhibition trade, sometimes they might be able to get something out of it, at least to pay for the heat. Otherwise, the entire building will be turned off for non-payment of electricity and I will be forced to refuse. It is not beneficial for me to terminate the contract; when a good tenant appears, then yes.

39.1. By virtue of Art. 309 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with customs or other usually imposed requirements.

According to paragraph 1 of Art. 310 of the Civil Code of the Russian Federation, unilateral refusal to fulfill an obligation and unilateral change of its terms are not allowed, except in cases provided for by the Civil Code of the Russian Federation, other laws or other legal acts.

According to paragraph 1 of Art. 614 of the Civil Code of the Russian Federation, the tenant is obliged to promptly pay fees for the use of property (rent). The procedure, conditions and terms for paying rent are determined by the lease agreement.

Taking into account the requirements of Art. Art. 330, 432 of the Civil Code of the Russian Federation, an agreement on a penalty is considered reached if its size and calculation mechanism are determined in the agreement.
The parties will not have the right to demand payment of a penalty unless it is established by law (Clause 1 of Article 330 of the Civil Code of the Russian Federation).

If there is no agreement in the contract on a penalty for late fulfillment of a monetary obligation, the injured party may demand payment of interest under Art. 395 of the Civil Code of the Russian Federation, as well as recovery of damages caused, if he first proves them.

If the contract does not contain an agreement on a penalty for late fulfillment of a non-monetary obligation (delay in the provision of leased property, major repairs, etc.), the injured party does not have the right to demand payment of interest under Art. 395 of the Civil Code of the Russian Federation. She can only demand compensation for damages caused under Art. 393 of the Civil Code of the Russian Federation, if he first proves them.

40. We have a debt for electricity of 10,700. Of which, penalties are 4,000. If we pay the debt in full, and the penalties later, will they connect us to electricity?

40.1. Hello.

They have the right not to connect until the debt is fully repaid, including penalties.

41. I had a debt for electricity, which was periodically turned off for non-payment. Violating my rights - disconnection from vital resources. As a result, I was charged for electricity according to the tariff, and not according to the meter. I paid off the accumulated debt: overpaying the tariff, paying a penalty in the amount of 15,000 rubles. and paying the state fee. Is it possible to sue for the amount of overpayment and on the basis of what laws?

41.1. Based on what is described, it is impossible to determine. They had the right to disconnect, in the cases and according to the procedure specified in clauses 118, 119 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings (approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354) . The right to collect according to the tariff is theoretically also, in certain cases, see paragraph 59 of the same rules. There are also penalties for late payment, see Art. 155 Housing Code of the Russian Federation.
You need to know the specifics.

42. I had a debt for utility bills, there were 4 owners, then my ex-husband transferred his share to his daughter, now we need an arrest on his card since he was registered until now at the same address where he had the property, the electricity was turned off, and the bill with penalties was issued according to the standards for all 4 people, although no one lived in it, documents were provided to the court where all the owners of the property lived and that there were no debts at the addresses where they lived, nevertheless the court ruled that the debt with penalties should be paid off and no one began to count the artificially degenerate debt and continued to accrue penalties, at the moment the debt has been issued to the ex-husband with the seizure of his card, he demands to rewrite the debt to me and the children since now we are the owners, what should I do? The power is still turned off, no one is recalculating and the debt is growing.

42.1. The debt will continue to grow until it is paid off.

43. The energy company filed a claim in the magistrate’s court against several individuals for the collection of debt for consumed electricity (ED) for the period from 12/31/2013 to 12/31/2016.

The statement of claim refers to Art. 539 Civil Code of the Russian Federation, 544 Civil Code of the Russian Federation, paragraph 1 of Art. 155 Housing Code of the Russian Federation, clause 40, Decree of the Government of the Russian Federation of May 6, 2011 No. 354 (as amended on February 27, 2017).

The statement of claim in the annex contains only:

1.Copy of the statement of claim;
2. Payment order for payment of state duty;
3.Copy of the subscriber’s front card;
4. A copy of the ruling to cancel the court order.

The question is: Will the court satisfy this claim or will it be rejected, since this information was not provided (a management agreement for the apartment building, minutes of the general meeting, a detailed calculation of debt and penalties as a substantiation of its claims) in accordance with the requirements of the law necessary for making a decision about the legality and validity of the plaintiff’s claims?

43.1. The form and procedure for filing are specified in the Code of Civil Procedure of the Russian Federation

Article 131. Form and content of the statement of claim
1. The statement of claim is submitted to the court in writing.
2. The statement of claim must indicate:
1) the name of the court to which the application is submitted;
2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;
3) the name of the defendant, his place of residence or, if the defendant is an organization, its location;
4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands;
5) the circumstances on which the plaintiff bases his claims and evidence confirming these circumstances;
6) the price of the claim, if it is subject to assessment, as well as the calculation of the collected or disputed amounts of money;
7) information about compliance with the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by the agreement of the parties;
8) list of documents attached to the application.
The application may indicate telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the plaintiff’s requests.
3. The statement of claim brought by the prosecutor in defense of the interests of the Russian Federation, constituent entities of the Russian Federation, municipalities or in defense of the rights, freedoms and legitimate interests of an indefinite number of persons must indicate what exactly their interests are, what right is violated, and also there must be a reference to a law or other regulatory legal act that provides ways to protect these interests.
If the prosecutor appeals to protect the legitimate interests of a citizen, the application must contain a justification for the impossibility of bringing a claim by the citizen himself or an indication of the citizen’s appeal to the prosecutor.

4. The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court.

Article 132. Documents attached to the statement of claim
The following are attached to the statement of claim:
its copies in accordance with the number of defendants and third parties;
a document confirming payment of the state duty;
power of attorney or other document certifying the authority of the plaintiff’s representative;
documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for defendants and third parties, if they do not have copies;
the text of the published normative legal act in case of challenge;
evidence confirming the implementation of the mandatory pre-trial dispute resolution procedure, if such a procedure is provided for by federal law or agreement;
calculation of the recovered or disputed amount of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties.

43.2. Only the judge knows whether he will satisfy the claim or not. I would not recommend that you rely on the pedantry of the court and file a response to the claim so that you have something to appeal with.

44. I am disabled, group 2, non-working group. Debt for housing and communal services is 75,000 rubles. They deduct 5,500 rubles from my pension every month. By the tribunal's decision. Housing and communal services charge a penalty on the remaining debt. Thereby increasing the debt and demanding additional payment from me or suspending the provision of utilities and electricity for the light there is no debt. Are the actions of housing and communal services and the accrual of penalties legal?

44.1. Hello.
Unfortunately for you, if the accruals are made correctly, then the actions of the management company are legal.
Enter into an agreement on phased debt repayment and apply for a subsidy for utility bills.

45. A gardening non-profit partnership charged a penalty for electricity of 6,700 for three months with a debt of 8,200. Does SNT have the right to charge a penalty for electricity?

45.1. Yes, he has the right, the fact is that there is an agreement between SNT and the resource provider, who issues an invoice for electricity payments, in turn, SNT forwards the debt to the debtor.

46. Am I required to pay a penalty on the debt for electricity, or can I pay the main debt and not pay the penalty?

46.1. If penalties have already been charged to you for late payment, then you will have to pay it.

46.2. Of course we must. If you don't pay, they'll take it to court.

47. Please answer: at my request, the energy company sent a report on the balance of the contract, which indicated the debt: services, penalties and the amount of state duty. Is it legal for the company to include the amount of state duty for legal costs in the amount of the total debt for electricity? Am I obligated to pay such a “debt”, provided that the court order to collect the debt is canceled by the court.

47.1. Hello!
If the court. the order is cancelled, then you are not required to pay the state fee. The company's actions are illegal.

48. Is it correct that the energy sales department demands in court to pay for electricity in the entrance (for 2016) we were moved from emergency housing in 2017, before the relocation the amount was indicated in the receipts only for individual consumption, which we paid monthly for the general entrance light, indications there was none at all, and two days ago I received a letter about the court decision about the debt for the light. The personal account is closed, the house was demolished in the summer of 2017. And now, with all the fines and penalties, and also the state fee for the trial, which we didn’t know about at all, we have been billed.

48.1. Good afternoon
I believe that you have received a court order to collect the debt. In this case, a court hearing is not held, the order is issued based on the available documents. You must, within 10 days from the date of receipt of the order (counting starts from the day following the day of receipt), file an application to the court that issued this order to cancel the court order. A copy of the notice confirming the date you received the order is attached to the application. The court will cancel the order by its ruling. The Criminal Code may subsequently go to court with a statement of claim. In this case, the hearing is conducted upon the appearance of the parties. You will be summoned. You must come to court and provide evidence that you do not have to pay, or the amount of payment should be different (it is overstated by the plaintiff). Request a reduction in the penalty (fine) under Art. 333 Civil Code of the Russian Federation.

49. I work in a state budgetary institution. There are very frequent cases of delays in funding from the budget. In connection with this, payment of utility services, in particular for electricity, occurs with delays. Due to late payment, arrears of penalties and fines arose. In this regard, the question is whether our State Budgetary Institution should pay these penalties and fines, although they arose not through our fault, but due to funding delays. Tell me, the normative act that establishes this.

49.1. Hello. According to Part 1 of Article 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.
This is a general legal norm that applies in all cases. Whether the dogs tore clothes or the State Budgetary Institution for late payment of wages.
Sometimes they say, treat this with understanding. But no one wants to understand you (us) by charging penalties.

50. My name is Natalya. Today, September 14, 2018, I received a court order from the magistrate to collect debt for utilities and penalties to TNS Energo for the period 2014-June 2015. Until June 2015, we paid TNS Energo for electricity for the supply of services, since July 2015 we have been paying in a consolidated invoice Housing and communal services management company. At the moment I have no debt on utility bills. For three years, TNS Egergo has never notified us of its existing debt. Can I file a waiver of the court order with the court within 10 minutes? Thank you in advance.

50.1. Hello.
You need to file an Objection within 10 days from receiving a copy of the order and then the judge will cancel the order.

50.2. Yes, of course, within 10 days after receiving a copy of the order, you must submit written objections regarding its execution and the order will be cancelled.
And if TNS-Energo goes to court to file a claim, go to court and declare the application of the statute of limitations.