On Amendments To The Federal Law On Fundamentals Of Tariff Regulation Organizations Communal Complex "and Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "Об основах регулирования тарифов организаций коммунального комплекса" и некоторые законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Federal Law "On the basics regulation of utilities tariffs" and some legislative of the Russian Federation adopted by the State Duma on December 19, 2005 href=" ?docbody= &prevDoc= 102103963&backlink=1 & &nd=102111335 "target="contents" title= " "> dated 29.12.2006 N 258-FZ; of 18.10.2007 N 230-FZ; of 23.07.2008 N 160-FZ; of 25.12.2008 N 281-FZ; dated 27.07.2010. N 237-FZ; of 04.06.2011 N 123-FZ; of 25.06.2012 N 93-FZ; , 30.12.2012 N 289-FZ; dated 29.12.2014 N 458-FZ Article 1 (Fed. N 458-FZ) Article 2 The Assembly of the Laws of the Russian Federation, 1995, No. 1316; 2003, N 13, est. 1180; N 28, est. 2894; 2004, N 35, sect. The following changes: 1) Part 1 of Article 5 should be added to the following paragraph: " sets limit (minimum and (or) maximum) tariff levels for thermal energy, except for produced Power plants producing in combined generation of electric and thermal energy. "; 2) the fourth part of article 6, paragraph 4, shall be amended to read: " power, except electric power plants produced by Production in the combined generation of electric and thermal energy, within the limits of the tariff regulation (minimum and/or maximum) tariff levels set by the federal executive authorities energy, with the exception of the power plants produced in the combined generation of electric and thermal energy; ". Article 3 Article 18 of the Federal Law Article 4 Amend the Federal Act of 30 December 2004 N 211-FZ " On amendments to some legislative acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION Russian Federation, 2005, No. (37) The following changes: 1) in the second paragraph of article 5, the word "consumers" should be replaced by " consumers. Authority of local self-government units of settlements on regulation of tariffs on goods and services of communal services organizations (excluding tariffs for goods and services of public utilities-producers of goods and services in the sphere Electricity and (or) heat supply), tariffs for connection to the system of communal infrastructure, tariffs of utilities for connection, allowances to tariffs for goods and services of utilities complex, price allowances, tariffs for consumers may be transferred in whole or in part on the basis of Agreements between local self-government units of settlements and local self-government authorities of the municipal district, which includes the settlements; "; 2) of article 6, paragraph 3, shall be worded as follows: " 3. Paragraph 2 of Article 3 of this Federal Law shall enter into force on 1 January 2009. " Article 5 Article 5 Establishment of limit (minimum and (or) maximum) levels of heating energy tariffs, with the exception of power plants produced in the combined operation of electric and thermal power generation are not subject to the requirements specified in the third and fourth article 2 of article 2 of the Federal Law Article 6 1. To establish that the fees of citizens for public utilities provided for in the Article 157 Housing Code of the Russian Federation, must comply with the maximum and (or) maximum indicesestablished in accordance with this article. In the wording of Federal Law No. N 258-FZ; dated 27.07.2010. N 237-FZ) 1-1. Minimum and (or) maximum indices-fixed by municipal entities for the next fiscal year, expressed as a percentage of the minimum and (or) maximum possible change in the size of the citizens ' board for the communal services Services at the end of the current fiscal year (hereinafter referred to as the marginal indices). (Part padded-Federal Law of 29.12.2006 N 258-FZ; (In the wording of federal laws of 18.10.2007) N 230-FZ; dated 27.07.2010. N 237-FZ) 2. The limit indices for the resizing of citizens for public utilities are established by the executive authority of the constituent entity of the Russian Federation on municipal education, taking into account the ratio of citizens ' pay for communal services and costs of Provision of public services. (In the wording of the federal laws of 18.10.2007, N 230-FZ; dated 27.07.2010. N 237-FZ) 2-1. The limit indices for the resizing of citizens ' fees for public utilities are set at the same time as the level of consumption and the amount of services consumed. In the application of the limit indices of changes in the size of citizens ' charges for public services, the difference in the amount of payments due to changes in the amount of benefits and subsidies granted to citizens in accordance with the law shall not be taken into account. (Part supplemented by Federal Act No. N 258-FZ; in the wording of Federal Law No. N 237-FZ)2-2. The Government of the Russian Federation sets the basis for the formation of limit indices for the resizing of citizens for public services. (Part padded-Federal Law of 29.12.2006 N 258-FZ; as amended by Federal Law No. N 237-FZ 3. The limit indices for the resizing of citizens ' charges for public utilities are determined not later than the establishment of the limit indices provided by the legislation of the Russian Federation on the fundamentals of regulation of tariffs of public utilities. A set of electrical and thermal energy tariff ceilings provided by the Federal Law of 14 April 1995 N 41-FZ " O State regulation of tariffs for electric and thermal Energy in the Russian Federation ". 4. The limit indices for the resizing of citizens for public utilities may be set according to regional and other characteristics. (In the wording of Federal Law No. N 258-FZ; dated 27.07.2010. N 237-FZ) 4-1. N 230-FZ4-2. Change by the executive body of the constituent entity of the Russian Federation of ceilings established by municipal entities during the financial year, without the simultaneous introduction of a legislative (representative) body The State authorities of the constituent entity of the Russian Federation on the introduction of amendments to the law of the constituent entity of the Russian Federation on the budget of the constituent entity of the Russian Federation for the current financial year are not permitted. (Part padded-Federal Law of 29.12.2006 N 258-FZ; as amended by Federal Law of 18.10.2007 N 230-FZ 5. The threshold indices for the resizing of citizens ' charges for public services and the limit indices for the resizing of citizens for accommodation in 2006 may be set without taking into account the requirements set out in Parts 3 and 4 of this Article. 6. In the event that the increase in the number of citizens 'charges for public services exceeds the limits established for the corresponding municipal education, the limits on the resizing of citizens' charges for public utilities, the amount of the citizens ' charges for the communal services, The services of should be brought into line with these indices within one calendar month from the date of entry into force of the decision of the executive branch of the entity of the Russian Federation to establish the specified indexes. (In the wording of the federal law of 18.10.2007) N 230-FZ; dated 27.07.2010. N 237-FZ) 6-1. In accordance with the requirements of this article by the competent local authorities (in the constituent entities of the Russian Federation-the cities of Moscow and St. Petersburg-in the constituent entities of the Russian Federation) The authorities of the constituent entities of the Russian Federation) are reconsidering the amount to be paid in accordance with the procedure established by the executive authorities of the constituent entities of the Russian Federation. However, the amount of unreasonably received payments is set off in the calculation of the amount of the payments made to citizens in the subsequent period. (Part padded-Federal Law of 29.12.2006 N 258-FZ; as amended by Federal Law No. N 237-FZ) 6-2. (Overtaken by the Federal Law of July 27, 2010). N 237-FZ 7. The State control over the application of the limit indices for citizens ' payment for living accommodation and the amount of the payment of citizens for communal services is carried out by the executive authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law No. N 230-FZ) 7-1. N 230-FZ)7-2. The federal executive authority in the area of tariff regulation is implementing a public information system to ensure the prompt collection and processing of information about the tariffs of utilities and utilities. The regulation of the consumption of public utilities (hereinafter referred to as the State information system) and ensures its functioning in accordance with the regulations approved by the Government of the Russian Federation. The Federal Executive in the area of tariff regulation defines the list and conditions for providing information on citizens ' fees for public services, including periodicity, methods, timing and format Provision for the operation of the State information system. (Part added-Federal Law of June 29, 2006 N 258-FZ; in the wording of Federal Law No. N 237-FZ)7-3. The federal executive authority in the area of tariff regulation is entitled: (1) to request and receive from the federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, and the local government bodies. Self-governance, regulated entities, information and necessary materials on citizens ' fees for public services in a format determined by the federal executive regulatory authority rates; 2) to collect information on citizens ' fees Public utilities, including in the public information system. (Part added-Federal Act of 29 December 2006 N 258-FZ; in the wording of Federal Law No. N 237-FZ) 7-4. The Federal Executive, authorized by the Government of the Russian Federation, shall establish a list and conditions for the provision of information on the payment of rent to citizens, including the periodicity, methods, timing and format thereof. Provision for the operation of the State information system. (Part added-Federal Law of 27 July 2010 N 237-FZ) 7-5. The federal executive authority, authorized by the Government of the Russian Federation, is entitled: 1) to request and obtain from the federal executive authorities, the executive authorities of the entities OF THE PRESIDENT OF THE RUSSIAN FEDERATION by the federal executive branch; 2) Collection of information on citizens ' pay for living quarters, including in the state information system. (Part added-Federal law dated 27.07.2010. N 237-FZ) 7-6. The executive authority of the constituent entity of the Russian Federation has the right: 1) to request and obtain from the local government information and other necessary information on the application of the limit indices for the Relevant municipal education; 2) to collect information on the compliance of citizens ' fees for public utility services with the limit indices for the corresponding municipal education; 3) To issue a Rule to the Local Government for the Enforcement of The size of the citizens ' fees for communal services, in accordance with the limit indices for the corresponding municipal education. In case of failure to comply with this requirement before the expiry of 45 days from the date of issue of this order, the executive branch of the constituent entity of the Russian Federation requests the arbitral tribunal to challenge the decision of the local self-government body The establishment of tariffs and/or allowances that do not comply with the established limits; 4) to request and receive information and necessary information from the local authorities, organizations exercising controlled activities, Citizens 'fees for public utilities, citizens' fees In accordance with the provisions of the Convention on the Rights of the Republic of the Republic of the Republic of the Russian Federation, the Convention on the Rights of the State Information System. (Part supplemented by Federal Law of 27 July 2010) N 237-FZ) 7-7. The body of the executive power of the constituent entity of the Russian Federation, the body of local self-government, the organizations carrying out regulated activities are obliged to provide the federal body of the executive power (the executive authorities of the entities) THE RUSSIAN FEDERATION AND THE RUSSIAN FEDERATION of the system according to the list and the conditions to be determined by a designated federal executive authority. (Part added-Federal Law of 27 July 2010 N 237-FZ) 7-8. On the establishment of limit indices for the resizing of citizens ' fees for utility services by the executive authorities of the constituent entities of the Russian Federation within five days of the entry into force of the relevant decision on the establishment of tariffs and (or) the allowances send a copy thereof to the federal executive authority authorized to exercise the legal regulation in the sphere of State regulation of prices (tariffs) for goods (services) and control over their use. (Part added-Federal Law of 27 July 2010 N 237-FZ 8. To establish that the provisions of parts 1 to 7 of this article are valid until 1 January 2012 . In the wording of Federal Law No. N 258-FZ; from 18.10.2007 N 230-FZ; dated 04.06.2011 N 123-FZ) Article 7 This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 26, 2005 N 184-FZ