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Calculation of penalties for residential complexes of the Russian Federation calculator. Calculation of penalties for late payment of utility services. Where to find a calculator

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For any debt for the provision of housing and communal services, each person is obliged to pay certain interest, which is also called penalties. The debtor is required to withhold a specific amount for late payments. Since housing and communal services are provided by legal entities, the percentage of the penalty will have to be determined from the agreement drawn up between the consumer and the supplier. You need to know exactly the calculation procedure, information about the services provided, and also find out the nuances of calculation, including using.

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Definition of penalties and the law in 2019 regulating its calculation

In civil legislation there is an official definition of singing. This is a debt that increases daily from the date of delay. The Civil Code specifies other important issues - the procedure for official collection, grounds, and calculation of housing and communal services penalties.

List of laws regulating interest parameters and calculation procedures:

  1. Civil Code indicates methods of calculation.
  2. The same code contains detailed information about penalties.

The main difference between these forms is that the first one is charged solely on a contractual basis. The necessary information is specified in the drawn up agreement. The penalty is not related to overdue receipts for housing and communal services.

Citizens confuse these concepts, and therefore believe that the resulting debt is offset by a penalty. But if you study, or more precisely, paragraphs 1 and 14, you can understand that homeowners must pay interest—penalties—for delays. Other types of collection are illegal.

However, such rules come into official force only if other provisions are absent from the contract. The law looks after the concluded relationship between two parties. The imputation of the penalty remains at the discretion of the lending company, i.e., in this case, the housing and communal services supplier.

When forming a debt, the resource supplying organization has the right to demand only one of the specified types as recovery. In other words, utility companies cannot send a notice of repayment of first the penalty and then the penalty. This is a clear violation of the article. If the opposite situation occurs, then you should file a complaint with the police regarding fraud.

Watch the video:"Housing and communal services. Mega BOMB. Now you don't have to pay 100%."

Official reasons

If a tenant of an apartment building is behind on payments for housing and communal services, then the organization can charge interest in accordance with. The amount of the penalty will increase every day according to the total amount of debt.

The organization can independently determine the amount that a person is obliged to pay the debt, but the total result should not exceed the maximum limits established in the contract.

Art. No. 155 Residential Complex of Russia

Example

To understand the nuances of paying penalties, it is advisable to study an example. The amount of debt is 11,000 rubles, part in the amount of 5,000 rubles. falls in December, and 6,000 rubles. for January.

Payment must be credited to the supplier's account by 21.01. The refinancing rate is, say, 10%.

At the beginning of December, namely from the 10th, the management company or housing office begins to accrue penalties - after the expiration of the 30-day period allotted for repayments. We get the following results: 5000 x 12 x 1/3 x 10%. The total is 20 rubles.

This amount of the penalty was generated by the owner of the premises for late payment; accordingly, the amount will need to be reimbursed.

Penalty calculator

In order not to look for ways to use the provided formulas to calculate accrued interest on the resulting debt, you can apply it according to Art. .

The tool, after entering the necessary indicators, will give the result in rubles. To search for a program on the Internet, you need to search for the corresponding query in any search engine. To calculate penalties for housing and communal services online using a calculator, you do not have to pay money.

It is enough to correctly indicate:
  1. The exact amount of debt and today's date.
  2. Interest rate.
  3. Part of a debt that has been successfully paid.
  4. In the “report information” column indicate the “regular” version, not the accounting one.

If necessary, you can put a special signature on a printed form corresponding to the site on which the calculation was made. This is a useful service that confirms that the person did not make up the numbers themselves.

Calculating penalties for utility bills through is a convenient tool available to all citizens of the country.

Recalculation methods

In order not to pay penalties, it is necessary to correctly calculate the cost of apartment maintenance. This is done when meters are not installed in the residential premises.

To initiate recalculation, contact the organization that provides the supply of services. In most cases, this is an HOA. If the contract was concluded directly with the resource supply company, then for recalculation you will need to contact this company.

Some utilities are supplied to the house through the management company, but for others an agreement has been concluded with suppliers directly. If you need to recalculate, you should go to the office of the management company and organization. After this, make several copies of the application for recalculation.

Watch the video:"How to legally avoid paying for housing and communal services. Simple and free."

The procedure is carried out with an exceptionally correctly formed application in the event that a person is provided with low-quality services or has not lived in the apartment for some time.

Recalculation in case of non-residence

If a citizen has not lived in a residential premises for more than 5 days, then he has the right to demand a recalculation. Those days on which the owner did not use the services will be deducted from the payment form.

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The supplier must show evidence of absence from the apartment for the specified period:
  • tickets;
  • vouchers;
  • sick leave;
  • agendas.

Recalculation when services were not provided

If the company turns off the electricity or water within 24 hours, the resident also has the right to demand a recalculation in order not to pay extra money.

Recalculation for poor quality services

The citizen also demanded a recalculation based on the provision of poor-quality services; in order to prove this fact, he would have to contact the emergency service and report the problem.

Receipts for payment for repairs must contain the telephone number of the dispatch service.

What happens to a person who does not pay a fine?

If a person does not pay the fine by the due date, the debt will increase significantly. Suppliers have the legal authority to suspend services. When a citizen continues to refuse to pay the debt, the resource supply company can file a statement of claim in court to seek forcible collection.

The supplier directly cannot take other actions. But firms are empowered to involve a third party, which has the right to impose administrative liability on the debtor. As a result, the person will receive an even larger fine or arrest.

Watch the video:"Step-by-step instructions - how to get rid of housing and communal services payments: write a request request."

Paying for utilities is the responsibility of every Russian citizen. If you avoid this, then in addition to troubles in the form of financial expenses, he may be subject to administrative imprisonment by decision of the courts.

In the housing and communal services sector, recent changes have affected the grounds and program for calculating penalties. Today you can check whether penalties have been imposed on a citizen by looking at the management company or the payment receipt received from them.

You can find out how penalties are calculated using an online calculator. If it is necessary to reduce the fine, you can contact the magistrate's court, where the case will be resolved. To do this, it is recommended that you initially contact a lawyer.

Penalties for late utility bills - law

The main legal regulator addressing this issue is Federal Law No. 307, which introduced changes to certain legal acts regarding the collection of penalties in case of failure to pay housing and communal services on time.

This federal law, with the latest amendments and additions, consists of nine articles, each of which is divided into parts. The law specifies only a certain range of services, namely the supply of electricity. The amount of penalties will be discussed in more detail below.

We must not forget about one more important regulator of these legal relations, namely, the Housing Code of the Russian Federation. It is there that the obligation of individuals to pay a monthly fee for the provision of electricity, water, gas, etc. is indicated. Payment can be made either to homeowners associations, management companies, or directly to resource supply organizations. It all depends on which method the residents themselves chose.

Late payment of rent for housing and communal services entails a lot of negative consequences, which include both the payment of penalties and the complete cessation of the supply of utility services.

When are penalties charged for utilities?

The main provisions concerning the procedure and rules for calculating penalties are enshrined in the Civil Code of Russia. It is there that the provisions are enshrined that penalties can be collected both legally and on the basis of the provisions specified in the contract.

The latest edition of the Civil Code of the Russian Federation establishes certain restrictions regarding the amount of penalties. So, they cannot be higher than the principal amount of the debt. The accrual and collection of penalties occurs in situations where a citizen has not made payment on receipts for utility bills on time.

As a rule, in the next month the debtor is calculated the amount that needs to be paid and the amount of the penalty is also calculated in case of failure to pay for utilities by the tenth day of each calendar month.

How penalties are calculated for late payment: rate, formula, example

Since 2018, some changes have been made regarding the formula for calculating utility fees and late fees. Now, as of 2019, the formula is as follows and includes the following elements:

  • Number of days of delay * Central Bank refinancing rate.

According to the new rules, as a rule, no penalties are charged for the first month of delay. The only thing that can be collected is a fine, and then only if the possibility of its accrual is expressly stated in the agreement with the management company.

Depending on the calendar days, the corresponding refinancing rate is selected.

It is equal to 1/300 of the refinancing rate in a situation where the amount due is not transferred within a period not exceeding ninety days.

The situation is different in situations where the debt over a calendar period exceeds ninety days. Then a refinancing rate of 1/130 is applied.

Let's take the following situation as an example.

Citizen K. owed 5,000 rubles for utilities and did not pay them during the period from May 2 to June 23, 2019. A rate equal to 1/300 of the Central Bank refinancing rate is applied to him, and therefore the amount of his debt will be equal. According to the rules established by law, a coefficient of 7.5% is applied. According to the rules, penalties are not collected for the first month, but they are charged for the remaining 23 days. Therefore, the amount of the penalty will be equal to 28.75 rubles.

For heating

Heating payments are seasonal in nature, therefore the period within which penalties must be calculated cannot be extended to the entire calendar year. In this case, the calculation formula remains the same.

Particular attention should be paid to the fact that in some management companies the payment for heating is established in the general payment invoice for rent, while in other situations it is established in a separate invoice.

For electricity

In addition to penalties for non-payment of heating, penalties may also be imposed for non-payment of electricity bills.

The formula in this situation is similar to the one described above. Particular attention should be paid to the fact that in addition to penalties for late payment of electricity bills, a citizen may also be subject to other types of penalties, including for unauthorized connection of electrical networks.

The final sanction (in case of non-payment of housing and communal services for a period exceeding six months) may be the complete disconnection of the consumer from electricity. This occurs by cutting off the wires in order to prohibit further use of electricity.

Penalties for rent and water

The calculation formula in all the above cases is the same. Penalties for utility bills are accrued by law within a certain period and in certain amounts.

For late payment there are penalties, and the end result may be the sale of the residential premises at public auction and a complete cessation of the supply of utility resources to the citizen’s residential premises.

Penalties for rent and water are usually indicated on one receipt, since most management companies follow the path of combining these benefits into one pay slip.

How to check the correctness of the accrual of penalties for housing and communal services

The correctness of the accrual of penalties can be checked by studying the legislative framework, including the Federal Law, which was already discussed above, orders, etc. You can find out whether penalties are accrued correctly by month by using an online calculator for calculating debt for major repairs, gas, light, water and other utilities.

You can also contact the management company for help in explaining the calculations, in a situation where it has concluded a corresponding management agreement with an apartment building.

Housing and communal services penalty calculator

Here is one of the calculators available for free on the Internet. There is nothing complicated in its use, but if you have questions about its use, you can ask them in the comments.

How to pay penalties for CU

Payment of penalties is made simultaneously with payment of the principal amount of the debt. In order to make payment, you can use the following methods:

  1. Pay using Sberbank-Online.
  2. At any bank office that provides services for accepting payments for housing and communal services.
  3. At utility payment collection points.
  4. Directly to the resource supply organization.

The choice of one or another payment method is made by the service provider themselves.

Is it possible to write off and reduce penalties?

There are only a few ways you can avoid paying penalties for late utility bills. These include:

  • death of a person;
  • declaring him bankrupt in court;
  • expiration of the statute of limitations for bringing to civil liability;
  • closure of enforcement proceedings due to impossibility of execution.

Particular attention should be paid to the possibility of reducing the amount of these penalties. A reduction is possible in exceptional cases and only by court decision. This is explained in the Resolution of the Plenum of the RF Armed Forces.

The commentary to it directly states that if the court identifies circumstances that make it possible to reduce the amount of the penalty, then this is permitted. This may include, for example, difficult financial situation, large families, disability, etc.

Is it possible not to pay penalties for utilities, liability

Of course, the choice whether to pay a fine or not is the absolute prerogative of the citizen himself.. However, this can lead to a lot of negative consequences. One of them is the imposition of civil liability. In this situation, the debt will be forcibly written off with the help of the federal bailiff service.

Another negative consequence is the complete disconnection of the citizen from all services for which he does not pay. If the apartment is social, then failure to pay utility bills and penalties usually results in eviction.

We resolve the issue through court

To reduce the amount of the penalty, you can go to court. This happens by filing a claim.

It must indicate:

  1. Name of the court.
  2. Identification of parties and interested parties.
  3. The essence of the dispute.
  4. Appendix of evidence.
  5. Date and signatures.

As a rule, consideration of this case occurs within a period not exceeding one month. The rendered court decision will be the basis for changing the amount of accrued penalties.

Subsidy for utility bills

A subsidy for housing and communal services is a kind of relief for a certain category of citizens. It is put:

  1. For disabled people.
  2. WWII veterans.
  3. Large families.
  4. Those whose housing and communal services costs exceed 20% of their total income, etc.

Separate regional acts may include other categories of persons in this list. You can receive a subsidy by contacting any branch of the multifunctional center and collecting the necessary documents.

So, let us remember that since January 2018, changes have been made regarding the procedure and rules for calculating and collecting penalties for non-payment of utilities. You can calculate and set the approximate amount of penalties by using an online calculator, indicating the necessary parameters there.

When filing a claim for collection of utility bills, a calculation of the amount of debt must be attached to it. If such justification is not provided, the court will not consider the application. The amount obtained as a result of debt calculation is indicated in the claim. This includes the debt itself, penalties and other legal costs.

When preparing a statement of claim for the collection of utility bills, the calculation required requires evidence. In this capacity, specific figures (consumed volumes of resources, tariffs) and documents (protocols, contracts, etc.) are used.

In this material we will give an example of how to correctly calculate the amount collected from the debtor. As an addition, we will name three main conditions, subject to which you can win the dispute.

What is included in the claim amount

In the calculation, you need to take into account the full amount of the debt, as well as the penalty that is charged under Part 14 of Art. 155 Housing Code of the Russian Federation. In legal terms, these numbers will indicate the principal debt and the penalty.

There is no need to include the costs of the legal process in the claims. They are simply indicated in the text of the application so that the court can transfer them into its decision.

Legal costs consist of two components:

  • state duty (table 1);
  • costs associated with the consideration of the case itself.

When pursuing a claim for housing and communal services debt, the costs will include payment for the services of representatives. Obtaining paid legal services is another item of legal costs, compensation for which falls on the losing party.

Reimbursement is made subject to the main condition - without these costs it is impossible to exercise your right to appeal to the court. Such rules are enshrined in articles 94 and 135 of the Code of Civil Procedure of the Russian Federation and in articles 106 and 129 of the CAS of the Russian Federation. A similar conclusion is made in Resolution of the Plenum of the RF Armed Forces No. 1 of January 21, 2017. To recover legal costs, you need to prove:

  • the fact of such expenses;
  • their connection with the case under consideration.

In the absence of sufficient evidence, the court may refuse to reimburse the costs of the proceedings. Our editorial experts figured it out.

Calculation of penalties for utilities

For those consumers who do not pay utility bills on time, penalties begin to accrue from the 31st day of debt formation. The amount of the penalty for housing and communal services is established by regulations and has a fixed amount (Table 2). It cannot be increased by any agreements or other means. This is confirmed by paragraph 61 of Resolution No. 7 of the Plenum of the RF Armed Forces of March 24, 2016.

According to the general rules, penalties begin to be charged from the 1st day of delay. If payment is not made by the tenth day, then the penalty begins to accrue on the eleventh.

You can request a penalty award not only for the day on which the claim for collection of utility bills was filed. It is better to postpone its final settlement to the date when the court makes a decision or when the actual payment of the debt occurs.

Subtlety

Recently, utility debts can be collected by order if they do not exceed 500,000 rubles. In this case, it is enough to indicate the amount of debt and the basis on which it arose. There is no need to perform detailed calculations here (Article 124 of the Code of Civil Procedure of the Russian Federation). At the same time, the plaintiff retains the obligation to prove the indisputability and validity of the amount recovered.

Three rules for calculating the amount of debt for housing and communal services

When the plaintiff calculates the debt, he performs a procedural action and draws up a procedural document. By following the rules below, you minimize the risk that the court will deny your claim.

Rule one. The calculation of the debt is made in a separate document, which is attached to the claim.

This simplifies the work of the judge. The calculation contains a lot of special information:

  • tariffs and prices;
  • justification for the period of debt accumulation;
  • initial information about the transactions that took place between the parties, necessary for calculating the penalty.

It is better to arrange all these calculations separately.

Rule two. The debt should be broken down into payment for housing maintenance and payment by type of utility services.

This will also make the judge's job easier. When dividing, it is worth indicating the initial information for each individual service. In addition, when calculating the amount to be recovered, the text must include:

  • type and amount of debt;
  • the dates when the debt arose and when it was repaid;
  • number of days of delay;
  • formulas used in calculations;
  • references to regulations that govern settlements;
  • a provision in the contract that states the obligation to pay for housing and communal services and the timing of its occurrence.

Rule three. Indicate the necessary initial data in the calculation.

Tariffs for all utilities for which the debt is included in the amount of claim should be provided. In addition, you need to indicate the amount of housing maintenance fees.

If a claim for a debt for housing and communal services concerns only heating, then you need to refer to the regulatory act adopted by the municipality approving the tariff for this service. Owners can pay CG directly to resource specialists, but here there will also be documents that confirm the amount of payment.

To confirm the amount of housing maintenance fees, the following documents are attached:

Attached files

  • Document No. 1.docx

In case of late payment of utility services, the management company has the right to charge the tenant a penalty. If a tenant does not repay his debt (for rent and penalties) in full, the question arises: what is paid off first - the amount of the principal debt or the penalty? Can the priority of repayment of the management company's monetary claims to the tenant be made in the manner established by the agreement, even if the purpose of payment is directly indicated by the tenant in the payment document?

Obligation to pay penalties

According to clause 14 art. 155 Housing Code of the Russian Federation persons who untimely and (or) did not fully pay for housing and utilities (debtors) are obliged to pay the creditor a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force at the time of payment , from amounts not paid on time for each day of delay starting from the next day after the due date for payment until the day of actual payment inclusive. An increase in the amount of penalties provided for by this norm is not allowed.

IN subparagraph “a” of paragraph 50 of the Rules for the provision of utility services it states that the contractor has the right to demand payment for consumed utilities, as well as (in cases established by federal laws and the agreement) payment of penalties (fines, penalties). IN subparagraph "h" clause 52 rules say: the consumer is obliged to pay utility bills on time and in full. In case of failure to pay this fee within the established period, the consumer pays the contractor a penalty in the amount established by the Housing Code of the Russian Federation, which does not exempt the consumer from paying for utility services. Paragraph 78 rules are enshrined: persons who untimely and (or) did not fully pay for utility services (debtors) are obliged to pay a fine to the contractor in the amount established clause 14 art. 155 Housing Code of the Russian Federation.

By virtue of clause 39 of the Rules for the provision of utility services the amount of penalties (fines, penalties) for violation by the consumer of the terms of the contract, calculated in accordance with federal laws and the contract, is indicated by the contractor in a separate document sent to the consumer within five working days. The situation when the management organization includes the amount of the penalty in the payment document for the month following the unpaid month, without waiting for the debt to be repaid, does not comply with the provisions of the law, since the calculation of the penalty uses the refinancing rate in effect at the time of making the payment. To calculate the amount of penalties, it is necessary to set the period of delay. It begins on the due date for payment. According to clause 1 art. 155 Housing Code of the Russian Federation this is the 10th day of the month following the previous one; a different period may be established by the management agreement. The end of the period of delay is the day of actual payment of the debt.

For your information:

The new Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings regarding the payment of penalties (fines, penalties) contain provisions similar to the previous ones. They are enshrined in paragraphs. "a" clause 32, paragraphs. “and” clause 34 and clause 159 of the said document.

Penalty concept

Let's turn to Art. 330 Civil Code of the Russian Federation: a penalty (fine, penalty) is an amount of money determined by law or contract that the debtor is obliged to pay to the creditor in the event of non-fulfillment or improper fulfillment of an obligation (in particular, in case of delay in fulfillment). Upon a claim for payment of a penalty, the creditor is not required to prove that he suffered losses. According to clause 1, 2 art. 332 Civil Code of the Russian Federation he has the right to demand payment of a penalty determined by law (legal penalty), regardless of whether the obligation to pay it is provided for by agreement of the parties. The amount of the legal penalty may be increased by agreement of the parties, unless the law prohibits this. The amount of penalties for late or incomplete payment of utility services cannot be increased, which is expressly provided for clause 14 art. 155 Housing Code of the Russian Federation.

The order of repayment of the main and additional claims of the creditor

The order of repayment of claims under a monetary obligation is specified in Art. 319 Civil Code of the Russian Federation. This provision states: the amount of payment made, which is insufficient to fulfill the monetary obligation in full, in the absence of another agreement, first of all pays off the creditor’s costs of obtaining fulfillment, then interest, and the remaining part - the principal amount of the debt.

As explained by the Plenums of the RF Armed Forces and the Supreme Arbitration Court in Clause 11 of Decree No. 13/14 dated 08.10.1998, when used Art. 319 Civil Code of the Russian Federation It should be assumed that interest repaid earlier than the principal amount of the debt means interest on the use of funds payable on a monetary obligation (in particular, interest on the use of the amount of a loan, credit, advance, prepayment, etc.). Interest for non-fulfillment or delay in fulfilling a monetary obligation, provided for Art. 395 Civil Code of the Russian Federation, are repaid after the principal amount.

Recommendations for application of the provisions Art. 319 Civil Code of the Russian Federation are also set out in Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 20, 2010 No. 141(Further - Information mail). IN paragraph 1 This letter clarified that the creditor's costs for obtaining performance are understood, for example, as payments that the creditor is obliged to make in connection with forced implementation of its claim against the debtor (in particular, the amount of state duty paid by the creditor), and with interest - interest for the use of funds payable on a monetary obligation , including interest on the use of the amount of the loan, credit, advance, prepayment ( Art. 809 Civil Code of the Russian Federation). The Presidium of the Supreme Arbitration Court noted that Art. 319 Civil Code of the Russian Federation is aimed, among other things, at protecting the interests of the creditor in a monetary obligation, therefore indication by the debtor in the payment document of the purpose of the amount paid by him (for example, repayment of the principal amount of debt under a loan agreement) in itself does not matter when determining the procedure for repaying his obligations to the creditor, which is carried out according to the rules Art. 319 Civil Code of the Russian Federation.

However, in a situation where the management organization imposes a fine on an overdue debtor, it is necessary to be guided clause 2 of the Information Letter. This paragraph makes it clear that Art. 319 Civil Code of the Russian Federation does not regulate relationships related to holding the debtor accountable for breach of obligation (Ch. 25 Civil Code of the Russian Federation), and determines procedure for fulfilling a monetary obligation which the debtor assumed upon concluding the contract. By agreement of the parties, the procedure for repaying only those claims that are named in Art. 319 Civil Code of the Russian Federation(for example, the parties have the right to establish that in the event of insufficient payment, the debtor's obligation to pay interest is extinguished after the principal amount of the debt). An agreement stipulating that if the debtor fulfills a monetary obligation not in full, the requirement to pay a penalty, interest provided for Art. 395 Civil Code of the Russian Federation Art. 319 Civil Code of the Russian Federation, contradicts the meaning of this article and is void ( Art. 168 Civil Code of the Russian Federation).

The Presidium of the Supreme Court clarified: requirements creditor for payment of penalty , interest for the use of other people's funds ( Art. 395 Civil Code of the Russian Federation), as well as other monetary claims related to the application of civil liability measures, may be voluntarily satisfied by the debtor both before and after satisfaction of the creditor’s requirements specified in Art. 319 Civil Code of the Russian Federation. Provisions Art. 319 Civil Code of the Russian Federation are not an obstacle for the creditor to file a claim in court before repayment of the principal amount of the debt to collect from the debtor a penalty or interest for the use of someone else's money.

IN paragraph 3 of the Information Letter said: if the creditor has incorrectly applied the provisions Art. 319 Civil Code of the Russian Federation, the debtor, in particular, has the right to raise appropriate objections when the court considers the creditor’s claim for the collection of funds under claims against the debtor (for example, a claim for the collection of interest and principal).

Arbitration practice

For a more complete coverage of the issue, we invite readers to familiarize themselves with the conclusions of arbitration practice.
IN Determination of the Supreme Arbitration Court of the Russian Federation dated September 30, 2010 No. VAS-12907/10 the conclusion is drawn: the dispositive construction of Art. 319 of the Civil Code of the Russian Federation provides for the possibility for the parties to change the procedure for paying off claims established within the framework of this article. The creditor does not have the right to provide in the contract for the use of funds received from the debtor primarily for the repayment of penalties, since the penalty, by its legal nature, does not relate to a monetary obligation , but is a sanction (measure of responsibility) for improper fulfillment of a monetary obligation.

FAS MO in Resolution dated June 23, 2011 No. KG-A40/5204 11 notes: Art. 319 Civil Code of the Russian Federation the procedure for fulfilling a monetary obligation is established, but it does not indicate the order of payment of sums of money collected in case of violation of a monetary obligation (penalties, penalties, losses); it does not regulate relations arising in the event of late payment, including relations arising when paying a penalty or interest accrued on Art. 395 Civil Code of the Russian Federation. According to Art. 319 Civil Code of the Russian Federation and recommendations of the Presidium of the Supreme Arbitration Court, given in Information letter, by agreement of the parties, the procedure for repaying only those claims that are named in Art. 319 Civil Code of the Russian Federation(for example, the parties have the right to establish that in the event of insufficient payment, the debtor's obligation to pay interest is extinguished after the principal amount of the debt). The creditor does not have the right to provide in the contract for the use of funds received from the debtor primarily to pay off the penalty, since by its legal nature it does not relate to a monetary obligation, but is a sanction (measure of liability) for improper fulfillment of a monetary obligation. An agreement stipulating that if the debtor fulfills a monetary obligation not in full, the requirement to pay a penalty, interest established Art. 395 Civil Code of the Russian Federation, or other claims related to the breach of obligation are paid earlier than the claims named in Art. 319 Civil Code of the Russian Federation, contradicts the meaning of this article and is void in accordance with Art. 168 Civil Code of the Russian Federation. Similar conclusions were made in the decisions of the FAS VSO dated June 15, 2011 No. A19-15136/10, the Eighteenth Arbitration Court of Appeal dated May 6, 2011 No. 18AP-3634/2011. IN Resolution dated March 17, 2011 No. 17AP-1276/2011 Civil Code The Seventeenth Arbitration Court of Appeal, based on clause 11 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 13, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 of 10/08/1998, came to the conclusion that interest, which is a measure of civil liability, is repaid after the amount of the principal debt. IN Resolution dated May 23, 2011 No. A45-19192/2010 FAS ZSO indicated that the priority assignment of the payment amount to repayment of the penalty contradicts Art. 319, 329 And 330 Civil Code of the Russian Federation, depriving the penalty, which is an accessory obligation, of its security nature, and, in addition, prevents the fulfillment of the main obligations (for example, repayment of the principal debt) and artificially increases both the debtor’s debt and his liability under the contract. Eighth Arbitration Court of Appeal in Resolution dated May 25, 2011 No. A81-3293/2010 noted: by agreement of the parties within the meaning Art. 319 Civil Code of the Russian Federation the order of repayment of the debt may be established, and not the penalty, which is a security obligation. The provisions of this article do not provide for the repayment of the penalty before the principal debt is repaid.

First Arbitration Court of Appeal in Resolution dated May 17, 2011 No. A43-29067/2010 explained: given that the penalty (fine, penalty) in force Art. 329 Civil Code of the Russian Federation is a method of ensuring the fulfillment of an obligation and is used if a party violates the obligation; it cannot be repaid before the principal debt. Eighth Arbitration Court of Appeal in Resolution dated April 20, 2011 No. A81-3293/2010 indicated the following. Article 319 of the Civil Code of the Russian Federation an exhaustive list of monetary obligations has been established, the order of repayment of which can be changed by agreement of the parties, and the legislator has not included a penalty as a means of ensuring the fulfillment of the main obligation in this list.

It cannot be repaid before the principal debt. FAS PO in Resolution dated October 19, 2010 No. A55-36374/2009 concluded that it makes sense Art. 319 Civil Code of the Russian Federation we are talking about the amount of the monetary obligation as a whole, that is, about the principal amount of debt that the debtor is obliged to return to the creditor, and additional - in the form of payment for the use of borrowed funds, as well as the creditor’s expenses for collecting the debt due to the creditor in the normal development of the legal relationship, then exists in the absence of its violation. Interest repaid earlier than the principal amount of the debt means interest on the use of funds payable on a monetary obligation (in particular, interest on the use of the amount of a loan, credit, advance, prepayment). By virtue of Art. 330 Civil Code of the Russian Federation together with Art. 393, 394 Civil Code of the Russian Federation a penalty is a measure of property liability applied for the very fact of non-fulfillment or improper performance of an obligation by the debtor, which excludes the application of provisions to the penalty Art. 319 Civil Code of the Russian Federation. Seventh Arbitration Court of Appeal in Resolution dated March 16, 2011 No. 07A P-1094/11 (A45-19192/2010) citing at the station 319 Civil Code of the Russian Federation And Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 13, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 noted: the norms of the current legislation do not provide for the possibility of repaying the penalty before repayment of the principal debt, the terms of the agreement to the contrary are void. Since the creditor unlawfully repaid the penalty from the received payment, and not the principal debt, as he should have done, the court recalculated the amount of the debtor’s principal debt.

The court rejected the creditor’s arguments that the condition of the agreement on priority repayment of claims for payment of a penalty, and not the principal debt, was included in the agreement by mutual agreement of the parties, which corresponds Art. 421 Civil Code of the Russian Federation and current legislation, which does not prohibit the parties to the agreement from establishing a convenient procedure for the distribution of received amounts. The arbitrators emphasized: by agreement of the parties, the procedure for paying off only those claims that are named in Art. 319 Civil Code of the Russian Federation.

An agreement stipulating that if the debtor fulfills a monetary obligation not in full, the requirements for payment of a penalty are paid earlier than the requirements named in Art. 319 Civil Code of the Russian Federation, contradicts the meaning of this article and is void. At the same time, the indication in the payment document of the purpose of payment - “payment of fines” - does not give the creditor the right to offset the received amounts in violation of the procedure provided for Art. 319 Civil Code of the Russian Federation. However, please note that FAS UO in Resolution dated 03/09/2011 No. F09-7968/10 C3, considering the dispute regarding the illegality of the distribution of funds received by the creditor from the debtor in the manner prescribed by the agreement (penalties were repaid first, and then the amount of the principal debt), noted the following. The defendant's objections concern the distribution of amounts previously paid by him voluntarily in the manner determined by the contract . Taking into account the principle of stability of contractual relations and the circumstances established in the case, there are no grounds for changing the settlement procedure in relation to these amounts and invalidating the actions of the creditor to offset the paid funds against the penalty. After all, according to Information letter the creditor's demands for payment of a penalty may be voluntarily satisfied by the debtor both before and after satisfaction of the creditor's demands specified in Art. 319 Civil Code of the Russian Federation. As we see, the opinions of the arbitration courts differed on the issue of the voluntariness of the actions of the debtor, who had no objections to the order of repayment of the creditor’s claims established by the agreement of the parties and, perhaps, even put the “payment of penalty” mark in the purpose of payment. We believe that uniformity in the courts' interpretation of the rules of law in this case can be achieved only after receiving appropriate clarifications from senior arbitrators.

Penalty provided clause 14 art. 155 Civil Code of the Russian Federation, constitutes a legal penalty. According to Art. 319 Civil Code of the Russian Federation the amount of the payment made, which is insufficient to fulfill the monetary obligation in full, in the absence of another agreement, first of all pays off the creditor’s costs of obtaining fulfillment, then interest, and the remaining part - the principal amount of the debt.

This provision does not apply to penalties. The condition of the management agreement for an apartment building, according to which, if the debtor does not fulfill a monetary obligation in full, the requirement to pay penalties is repaid before the amount of the principal debt, contradicts the meaning Art. 319 Civil Code of the Russian Federation and is insignificant ( Art. 168 Civil Code of the Russian Federation). Meanwhile, the management organization’s demands for payment of penalties can be voluntarily satisfied by the debtor both before and after repayment of the principal debt.

In any case, the notification procedure must comply with the requirements of the law. In addition, much depends on the presence of any intermediary organization such as a Management Company or HOA. In this case, the procedure for calculating penalties is determined either by an agreement or by the charter of the organization. Do I need to pay penalties for utilities? Of course, penalties must be paid. The legislation does not establish the obligation of the creditor in any way to prove the validity of the penalty if its amount does not exceed the maximum values ​​​​established by law. So even going to court is unlikely to ease the burden of payment. What happens if you don’t pay penalties? Failure to pay penalties leads to the formation of even greater debt. For such debts, utility providers can easily disconnect the subscriber from the supply lines of electricity, gas, etc.

Mechanism for calculating penalties for housing and communal services

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.

Calculator for calculating penalties for utility bills (155 housing complexes of the Russian Federation)

Important

Many citizens refuse to pay for major repairs, citing the fact that in fact the management company does not carry out repairs. Is the penalty for major repairs legal - read on our website https://realtyinfo.online/5011-plata-za-kapitalniy-remont Penalties are determined by the provisions of the law - Art. 155 of the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ allows for the accrual of penalties for late payment for an apartment and regulates how penalties for late payments are calculated. Penalties are calculated from the 11th day of the current month, the calculation is carried out according to a special formula that takes into account not only the period of delay for a particular month, but also the total duration of debt accumulation.


The older the debt for the apartment is, the higher interest is charged to the personal account. Partial repayment of rent debt also entails payment of penalties for the outstanding amount of rent.

Calculator and sample calculation of penalties for housing and communal services in accordance with Article 155 of the Housing Code of the Russian Federation

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.

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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.

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

Attention

Starting from the 90th day following the day of the established payment deadline, until the day of actual payment, penalties are paid in the amount of one 1/130 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. *155.14) (Part as amended, put into effect on January 1, 2016 by Federal Law of November 3, 2015 N 307-FZ. Housing Code of the Russian Federation. Part 14, Article 155. Payment for residential premises and utilities In part 14 Article 155 defines the methodology for calculating penalties.

Penalty calculator for late utility payments

There are practically no legal justifications for not paying a fine. But you can try to “dodge” it in the following way: Restructuring a utility debt When the owner or tenant of a home applies for a similar request, the service provider can unilaterally cancel the accrued penalty. However, the decision to restructure is made only by the management company of its own free will and no one can force it to provide you with such an opportunity. Court proceedings When making a decision, judges usually reduce claims by the amount of penalties and other penalties, leaving only the principal amount of debt. The last option is the most unfavorable for the debtor, regardless of how much of the penalty has already been calculated for him, since he will either have to pay the entire amount of the debt at once or risk his property, which the bailiffs can seize.

Penalty calculator for late payment of housing and communal services

Persons renting residential premises pay for housing and communal services according to the lease agreement (payment is included in the rent, utilities are paid by the landlord, etc.). The Housing Code thoroughly describes all the services for which the apartment owner must pay monthly:

  • water supply;
  • drainage;
  • gas supply;
  • supply of electricity;
  • expenses for landscaping and landscaping of the local area;
  • major and current repairs of the building;
  • maintaining the house in proper condition;
  • lighting of the local area and entrances;
  • garbage removal, etc.

Also, the Housing Code of the Russian Federation clearly states that the responsibility of owners and tenants of residential premises is to timely pay funds for the provided housing and communal services in full.

Amount of penalties for late utility payments in 2017

Therefore, apartment owners and tenants are recommended to pay utility bills on time and in full. Since otherwise there are no legal justifications for canceling the penalty. The accrual process The calculation of penalties for utility payments in 2017 is practically no different from previous periods.

The rules for calculating penalties are declared in the Tax Code of the Russian Federation. In fact, the penalty for utilities is the product of such indicators as:

  1. Amount of debt.
  2. Number of days overdue on payments.
  3. 1/300 of the refinancing rate.

The first day of delay is considered to be the day following the last settlement day. For example, the last day for paying a receipt is the 20th of the month, which means that on the 21st the penalty for utilities will already begin to accrue.

After this time, you must resubmit the application and provide the required documents. Utility bills are an integral part of the life of a modern person. It doesn’t matter whether we live in our own home or rent it with friends.


Payment for the benefits of civilization received is the responsibility of every person and an indicator of high social development of society. Naturally, anyone can be late on their monthly payment, but you shouldn’t turn a blind eye to the problem. You need to go to the management company, explain why this happened, and try to come to an amicable agreement. Do not bring the situation to the point of absurdity when the bailiffs take your computer or TV from your apartment.
Penalties were accrued as follows: RUB 481.29. (amount of debt) x 11 days (number of days of overdue debt, i.e. from 02/11/2015 to 02/21/2015) x 0.00028 = 1.48 rubles. How are penalties calculated now? From January 1, 2016, Federal Law No. 307-FZ* dated November 3, 2015 (hereinafter referred to as Federal Law No. 307) amended the article of the Housing Code regulating the procedure for calculating the amount of penalties. These changes came into force on 01/01/2016. Now, in case of violation of the deadline for payment of payment for residential premises and utilities or payment of payment not in full, penalties are accrued in the following amounts: - from 1 to 30 days - not accrued.