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Decree of the Government of the Russian Federation dated 08-08-2012 808 ON THE ORGANIZATION OF HEAT SUPPLY IN THE RUSSIAN FEDERATION AND ON CHANGES IN... Relevant in 2018

II. Criteria and procedure for determining a single heat supply organization

3. The status of a single heat supply organization is assigned to a heat supply and (or) heating network organization by decision federal body executive power(in relation to cities with a population of 500 thousand people or more) or a local government body (hereinafter referred to as the authorized bodies) when approving the heat supply scheme for a settlement or urban district.

4. The draft heat supply scheme must define the boundaries of the zones of activity of a single heat supply organization (organizations). The boundaries of the zone(s) of activity of a single heat supply organization(s) are determined by the boundaries of the heat supply system.

If there are several heat supply systems on the territory of a settlement or urban district, the authorized bodies have the right to:

determine a single heat supply organization (organizations) in each of the heat supply systems located within the boundaries of a settlement or urban district;

determine a single heat supply organization for several heat supply systems.

5. To assign an organization the status of a single heat supply organization on the territory of a settlement, urban district, persons who own thermal energy sources and (or) heating networks by right of ownership or other legal basis, submit to the authorized body within 1 month from the date of publication (placement) in in the prescribed manner the draft heat supply scheme, as well as from the date of publication (placement) of the message specified in paragraph 17 of these Rules, an application for assigning the organization the status of a single heat supply organization indicating the area of ​​its activity. The application is accompanied by financial statements prepared as of the last reporting date before filing the application, with a note from the tax authority on its acceptance.

Authorized bodies are obliged to post information about accepted applications on the website of the settlement, urban district, or on the website of the relevant subject within 3 working days from the deadline for filing applications Russian Federation on the information and telecommunications network "Internet" (hereinafter referred to as the official website).

If local government bodies do not have the opportunity to post relevant information on their official websites, the necessary information can be posted on the official website of the subject of the Russian Federation within whose borders the corresponding municipality. Settlements included in a municipal district can post the necessary information on the official website of this municipal district.

6. If, in relation to one zone of activity of a single heat supply organization, 1 application is submitted from a person who owns, by right of ownership or other legal basis, sources of thermal energy and (or) heating networks in the corresponding zone of activity of a single heat supply organization, then the status of a single heat supply organization is assigned to the specified person. If, in relation to one zone of activity of a single heat supply organization, several applications are submitted from persons who own, by right of ownership or other legal basis, sources of thermal energy and (or) heating networks in the corresponding zone of activity of a single heat supply organization, the authorized body assigns the status of a single heat supply organization in in accordance with paragraphs 7 - 10 of these Rules.

7. The criteria for determining a single heat supply organization are:

Ownership or other legal basis of thermal energy sources with the highest operating thermal power and (or) heating networks with the highest capacity within the boundaries of the area of ​​activity of a single heat supply organization;

the amount of equity capital;

ability to better ensure the reliability of heat supply in the corresponding heat supply system.

To determine these criteria, the authorized body, when developing a heat supply scheme, has the right to request relevant information from heat supply and heating network organizations.

8. If an application for assignment of the status of a single heat supply organization is submitted by an organization that owns, by right of ownership or other legal basis, heat energy sources with the highest operating thermal power and heating networks with the highest capacity within the boundaries of the area of ​​activity of the single heat supply organization, the status of the single heat supply organization assigned to this organization.

Indicators of the operating power of thermal energy sources and the capacity of heating networks are determined on the basis of data from the heat supply diagram (draft diagram) of a settlement or urban district.

9. If applications for assignment of the status of a single heat supply organization are submitted from an organization that owns, by right of ownership or other legal basis, sources of thermal energy with the highest operating thermal power, and from an organization that owns, by right of ownership or other legal basis, heat networks with the largest capacity within the boundaries of the area of ​​activity of a single heat supply organization, the status of a single heat supply organization is assigned to that organization from the specified that has largest size own capital. If the size of the own capitals of these organizations differs by no more than 5 percent, the status of a single heat supply organization is assigned to the organization that is able to best ensure the reliability of heat supply in the corresponding heat supply system.

The amount of equity capital is determined according to data financial statements, drawn up on the last reporting date before submitting an application for assigning the organization the status of a single heat supply organization with a mark from the tax authority on its acceptance.

10. The ability to best ensure the reliability of heat supply in the corresponding heat supply system is determined by the organization’s technical capabilities and qualified personnel for setup, monitoring, dispatching, switching and operational control of hydraulic and temperature conditions heat supply system and is justified in the heat supply diagram.

11. If organizations have not submitted a single application for assignment of the status of a single heat supply organization, the status of a single heat supply organization is assigned to the organization that owns thermal energy sources with the highest operating thermal capacity and (or) heating networks with the highest thermal capacity in the relevant area of ​​activity.

12. When carrying out its activities, the unified heat supply organization is obliged to:

conclude and execute heat supply agreements with any heat energy consumers who apply to it, whose heat-consuming installations are located in this heat supply system, subject to compliance by these consumers with the data issued to them in accordance with the legislation on urban planning activities technical specifications connections to heating networks;

Conclude and execute contracts for the supply of thermal energy (power) and (or) coolant in relation to the volume of heat load distributed in accordance with the heat supply scheme;

conclude and execute contracts for the provision of services for the transfer of thermal energy and coolant in the amount necessary to ensure heat supply to consumers of thermal energy, taking into account losses of thermal energy and coolant during their transfer.

13. An organization may lose its status as a single heat supply organization in the following cases:

systematic (3 or more times within 12 months) non-fulfillment or improper fulfillment of obligations stipulated by the terms of the contracts specified in paragraph 12 of these Rules. The fact of non-fulfillment or improper fulfillment of obligations must be confirmed by decisions of the federal antimonopoly body and (or) its territorial bodies and (or) courts that have entered into legal force;

adoption in the prescribed manner of a decision on reorganization (with the exception of reorganization in the form of merger, when other reorganized organizations join an organization that has the status of a single heat supply organization, as well as reorganization in the form of transformation) or liquidation of an organization that has the status of a single heat supply organization;

Adoption arbitration court decisions to declare an organization that has the status of a single heat supply organization bankrupt;

termination of the right of ownership or possession of the property specified in paragraph two of clause 7 of these Rules, on the grounds provided for by the legislation of the Russian Federation;

inconsistency of an organization that has the status of a single heat supply organization with criteria related to the size of its own capital, as well as the ability to better ensure the reliability of heat supply in the corresponding heat supply system;

Submission by the organization of an application to terminate the functions of a single heat supply organization.

14. Persons whose rights and legitimate interests are violated on the grounds provided for in paragraph two of clause 13 of these Rules, immediately inform the authorized bodies about this so that they can make a decision on the loss of the organization’s status as a single heat supply organization. The specified information must be accompanied by decisions of the federal antimonopoly authority and (or) its territorial bodies and (or) courts that have entered into legal force.

Authorized executive an organization that has the status of a single heat supply organization is obliged to notify the authorized body of the occurrence of the facts specified in paragraphs three to five of clause 13 of these Rules, which are the basis for the organization losing the status of a single heat supply organization, within 3 working days from the date the authorized body makes a decision on reorganization, liquidation, declaring the organization bankrupt, termination of ownership or possession of the organization's property.

15. An organization that has the status of a single heat supply organization has the right to submit to the authorized body an application to terminate the functions of a single heat supply organization, except for cases where the status of a single heat supply organization is assigned in accordance with paragraph 11 of these Rules. An application to terminate the functions of a single heat supply organization can be submitted before August 1 of the current year.

16. The authorized body is obliged to make a decision on the loss of the organization’s status as a single heat supply organization within 5 working days from the date of receipt from persons whose rights and legitimate interests were violated on the grounds provided for in paragraph two of paragraph 13 of these Rules, decisions of the federal antimonopoly body that have entered into legal force , and (or) its territorial bodies, and (or) courts, as well as receiving a notification (application) from an organization that has the status of a single heat supply organization, in the cases provided for in paragraphs three to seven of clause 13 of these Rules.

17. The authorized body is obliged, within 3 working days from the date of the decision on the loss of the organization’s status as a single heat supply organization, to post a message about this on the official website, and also invite heat supply and (or) heating network organizations to submit an application to assign them the status of a single heat supply organization.

Submission of an application by interested organizations and determination of a single heat supply organization is carried out in the manner established in paragraphs 5 - 11 of these Rules.

18. An organization that has lost the status of a single heat supply organization on the grounds provided for in paragraph 13 of these Rules is obliged to perform the functions of a single heat supply organization until another organization is assigned the status of a single heat supply organization in the manner provided for in paragraphs 5 - 11 of these Rules, and also transfer to the organization to which it was assigned status of a single heat supply organization, information about heat consumers, including the name of the consumer, place of residence (location), Bank details, as well as information on the status of settlements with the consumer.

19. The boundaries of the zone of activity of a single heat supply organization may be changed in the following cases:

Connecting new heat-consuming installations, heat energy sources or heating networks to the heat supply system, or disconnecting them from the heat supply system;

technological integration or separation of heat supply systems.

Information about changes in the boundaries of the zones of activity of a single heat supply organization, as well as information about the assignment of the status of a single heat supply organization to another organization, must be included in the heat supply scheme when it is updated.

Thermal power engineering in Russia today resembles a tangle unresolved problems, which do not allow businesses to develop, give rise to a lot of complaints about the quality of services and significantly hit the pockets of consumers paying ever-increasing bills for heat and hot water.

Thermal power industry in Russia today resembles a tangle of unresolved problems that do not allow enterprises to develop, give rise to a lot of complaints about the quality of services and significantly hit the pockets of consumers paying ever-increasing bills for heat and hot water. It is clear that the industry has long been overdue for a change in the system of relationships and pricing model. And the first step on this path should be the creation of a single heat supply organization.

In December 2013, by order of the Ministry of Energy, the heat supply scheme for Yaroslavl was approved. According to the Federal Law “On Heat Supply”, all settlements and urban districts of the Russian Federation must have such a document. It delimits the area of ​​responsibility of heat supply organizations and provides for long term prospects development of the heat supply system. In accordance with the order of the Ministry of Energy, the TGC-2 company received the status of a single heat supply organization (ETO) - and now becomes a single supplier of heat energy in its area of ​​​​operation. It must be said that in Yaroslavl, taking into account the specifics of the heat supply scheme, 7 organizations received ETO status, TGK-2 is the largest of them.

What does this status oblige and what does this mean for the heat supply system of Yaroslavl, said Valery Makovsky, director of energy sales at TGC-2 OJSC.

ETO is the main element of the system of relations in the field of heat supply, says Valery Vitalievich. - This is a single producer, purchaser and seller of thermal energy in a certain territory, providing heat supply to any consumer who applies. This is a single center of responsibility for reliable and high-quality heat supply, as well as uniform fair prices for consumers.

In order for a heat supply organization to receive ETO status, it must meet a number of criteria. First of all, this is ownership, by right of ownership or other legal basis, of sources of thermal energy - stations, boiler houses or heating networks, which will ensure best quality supplied thermal resources. The company must also have sufficient equity capital. TGK-2 fully meets these criteria - its composition in Yaroslavl includes CHPP-1, CHPP-2, CHPP-3, Teninskaya and Lyapinskaya hot water boiler houses. About 1,500 people work at the facilities of the Yaroslavl Department.

Having received ETO status, we must first assess the conditions in which the work will be carried out, development prospects, opportunities and sources of funding investment projects aimed at increasing the efficiency of the city’s heat supply system and reducing consumer costs, said Valery Makovsky. - With the organization of the ETO, the system of relationships between market participants is changing, and now it is extremely important to set it up correctly so that the economic and social effect expected by legislators is not postponed indefinitely.

In connection with the new status of TGC-2, it is necessary to carry out a contractual campaign: conclude supply agreements with new consumers, organize the transportation of heat, and, if necessary, the purchase of thermal energy from those manufacturers whose boiler houses are located on the territory of ETO-1.

We are already in contractual relations with most of the consumers in our ETO zone. It's about on concluding agreements with heat producers at local boiler houses and heating network companies, explains Valery Vitalievich. - The company plans to begin this work in the near future and finish this year.

So, TGC-2 becomes a single window for the consumer, a single center responsible for reliable heat supply a significant part of Yaroslavl. But the most important thing is that legislation in the field of heat supply is beginning to change. And the main goal of these changes is to create clear “rules of the game” and ensure tariff transparency, which will make it possible to attract investors to the industry and hope that the system of providing our homes and offices with heat will reach a new, modern and long-awaited level.

Alexey Ushakov

22.04.2014 13:13 Print

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Wink service from Rostelecom in Central Russia connected almost 650 thousand unique users. Residents Yaroslavl region installed the application more than 13 thousand times.

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The legal regulation of relations developing in the field of thermal energy transmission has been perplexing both law enforcement officials and researchers of the theory of contract law for several years now. Ambiguous arbitrage practice, contradictory approaches of arbitration courts at various levels - all this is a consequence of the introduction of a new model for the functioning of the thermal energy market in Russia.

Have questions

Studying the practice of courts for last years identified a number of issues that arise when considering disputes regarding the provision of heat energy transmission services:

1) Does the absence of a tariff for heat transmission services approved in accordance with the procedure established by law indicate deprivation of the status of a heating network organization?

2) Does it comply with the provisions Federal Law dated July 27, 2010 N 190-FZ “On Heat Supply” or other regulatory legal acts an agreement for the provision of services for the transfer of thermal energy, which provides for the provision of payment by the consumer for the services provided in the form of reimbursement of the costs incurred by the network organization?

3) Does an organization that legally owns heating networks and whose main activity is the provision of heat energy transmission services, but does not have a tariff established for it, have the right to enter into contracts with consumers for the provision of energy transmission services and actually execute them?

4) What legal consequence, when considering disputes related to the activities of an organization for which a tariff for heat transfer services was not approved in the established manner, entails the adoption by the FTS of Russia of a decision to introduce government regulation activities of such an organization and its inclusion in the Register of natural monopolies in the fuel and energy complex?

In accordance with clauses 5, 16 of Art. 2 of Law N 190-FZ, a heating network organization means an organization or individual entrepreneur who own, by right of ownership or other legal basis, heating networks using which they provide energy transmission services. Taking into account the monopoly position of the heating network organization, in order to protect the interests of consumers for the heating network organization, the conclusion of an agreement mediating relations on energy transmission is recognized as mandatory (Article 17 of Law N 190-FZ), and, as a result, tariffs for energy transmission services are subject to state regulation .

It is proposed to divide all entities in the field of provision of heat energy transmission services into professional and non-professional participants. The key criterion for this division is the provision of energy transmission services by the organization as its main activity. Moreover, for both the former and the latter, the contracts they conclude must be public. Non-professional participants who own, by right of ownership or other legal basis, heating networks through which energy receiving devices of consumers are indirectly connected to the networks of a professional entity, have the right to provide energy transmission services using the facilities they own.

It follows from the meaning of the law that in order to acquire the status of a heating network organization, it is necessary to legally own the heating networks through which the provision of energy transmission services is ensured. And accordingly, the adoption by the FTS of Russia of a decision to introduce state regulation of the activities of such an organization and to include it in the Register of natural monopolies in the fuel and energy complex is of no fundamental importance.

However, this issue is resolved ambiguously in practice.

Solutions are different

In one of the cases, a claim was filed for the collection of debt for services provided for the transfer of thermal energy. As can be seen from the case materials, the parties did not enter into an agreement for the provision of services for the transfer of thermal energy. The enterprise in whose economic control the heating networks are located indicated that the company, as a heat supply organization, received, as part of the payment at the tariff, the cost of services for the transfer of thermal energy, which led to the occurrence of unjust enrichment, since the company did not provide these services and did not pay for them. The court refused to satisfy the request, since during the disputed period the tariff for heat energy transmission services was not approved for the enterprise, the amount of unjust enrichment was not proven (Resolution of the Federal Antimonopoly Service ZSO dated May 18, 2012 in case No. A45-12725/2011).

Very often questions arise related to the attribution of one or another owner to a heating network organization. After Law No. 190-FZ came into force, judicial practice took the path of limiting the circle of heating network organizations to those for which tariffs for energy transmission services were approved in accordance with the procedure established by law. Accordingly, if tariffs for energy transmission services are approved in the prescribed manner, an obligation arises between the participants from the contract for the provision of energy transmission services, otherwise - a non-contractual obligation due to unjust enrichment.

Thus, in the Resolution of the FAS UO dated February 20, 2012 N F09-9914/11 in case N A50-5014/11, the claim was filed for the recovery of unjust enrichment in the form of the cost of services provided for the transfer of thermal energy. The plaintiff, who is the lessee of the heating main and the heat metering point, believed that the consumer did not pay for the heat transfer service. The court refused to satisfy the claims because documents were not presented confirming that the tenant is a heating network organization, as well as documents confirming the approval of the relevant tariffs for the provision of heat energy transmission services.

A complex approach

In the legal literature, a critical attitude has been expressed towards the position of the courts, which, when considering disputes, proceed from the fact that the circle of heating network organizations should be limited to the owners who have tariffs for energy transmission services approved in the prescribed manner.

According to the legal position of the Presidium of the Supreme Arbitration Court of the Russian Federation, set out in Resolution No. 13851/09 of February 16, 2010, the owner of the network has the right to demand reimbursement from the energy supplier for costs associated with the use of its property. By virtue of Art. 1102 and paragraph 2 of Art. 1105 of the Civil Code of the Russian Federation, the victim - a person who legally owns networks that were unjustifiably used by other persons (purchasers) for energy transmission, has the right to demand from these persons compensation for what they saved as a result of such use of networks, at the price that existed at the time when it ended use, and in the place where it took place. The corresponding obligation arises regardless of the existence of a tariff for the transportation of water, heat and electrical energy(a similar position is confirmed in the definitions of the Supreme Arbitration Court of the Russian Federation dated January 17, 2011 N VAS-15256/10, dated July 19, 2012 N VAS-9419/12).

At the same time, situations arise when network owners do not specifically contact the relevant tariff regulatory authorities, since tariffs for the provision of energy transmission services are set in an amount not exceeding limit indices rising prices. From an economic point of view, it is more profitable to collect in judicial procedure costs of maintaining heating networks, which are not limited by any limiting indices.

The recovery of unjust enrichment in the form of costs for maintaining heating networks in working order through the courts opens up the opportunity for unscrupulous heating network organizations to acquire illegal property benefits in circumvention of the provisions of Law N 190-FZ and Government Resolution of the Russian Federation of October 22, 2012 N 1075 "Fundamentals of pricing in the field of heat supply ". Carrying out payments for services provided for energy transmission in the form of costs may inevitably entail a violation of the legislation on tariff regulation and lead to settlements between participants in the heat energy market not at regulated prices, but at arbitrarily determined prices, in violation of Art. 8 of Law No. 190-FZ. In this regard, the inclusion in the contract for the provision of heat energy transfer services of a condition on payment by the consumer for the services provided in the form of reimbursement of the costs incurred by the heating network organization is illegal.

In conclusion, I would like to note the following. To change the existing law enforcement practice, it is necessary to influence unscrupulous heating network organizations by refusing to satisfy demands for reimbursement of costs for maintaining heating networks in the event of their illegal evasion of applying to tariff regulatory authorities. This approach is aimed at disciplining subjects of the heat energy market, preventing circumvention of legislation on tariff regulation in the provision of heat energy transfer services and eliminating violations of the rights of bona fide participants in the relations that arise when supplying consumers with heat energy.

II. Criteria and procedure for determining a single heat supply organization

3. The status of a single heat supply organization is assigned to a heat supply and (or) heating network organization by a decision of the federal executive body (in relation to cities with a population of 500 thousand people or more) or a local government body (hereinafter referred to as the authorized bodies) upon approval of the heat supply scheme for a settlement or urban district.
4. The draft heat supply scheme must define the boundaries of the zones of activity of a single heat supply organization (organizations). The boundaries of the zone(s) of activity of a single heat supply organization(s) are determined by the boundaries of the heat supply system.
If there are several heat supply systems on the territory of a settlement or urban district, the authorized bodies have the right to:

determine a single heat supply organization (organizations) in each of the heat supply systems located within the boundaries of a settlement or urban district;

determine a single heat supply organization for several heat supply systems.

5. To assign an organization the status of a single heat supply organization on the territory of a settlement, urban district, persons who own thermal energy sources and (or) heating networks by right of ownership or other legal basis, submit to the authorized body within 1 month from the date of publication (placement) in in accordance with the established procedure of the draft heat supply scheme, as well as from the date of publication (placement) of the message specified in paragraph 17 of these Rules, an application for assigning the organization the status of a single heat supply organization indicating the area of ​​its activity. The application is accompanied by financial statements prepared as of the last reporting date before filing the application, with a note from the tax authority on its acceptance.
Authorized bodies are obliged, within 3 working days from the deadline for filing applications, to post information about accepted applications on the website of the settlement, urban district, on the website of the corresponding subject of the Russian Federation on the Internet information and telecommunications network (hereinafter referred to as the official website).
If local government bodies do not have the opportunity to post relevant information on their official websites, the necessary information can be posted on the official website of the subject of the Russian Federation within the boundaries of which the corresponding municipal entity is located. Settlements included in a municipal district can post the necessary information on the official website of this municipal district.
6. If, in relation to one zone of activity of a single heat supply organization, 1 application is submitted from a person who owns, by right of ownership or other legal basis, sources of thermal energy and (or) heating networks in the corresponding zone of activity of a single heat supply organization, then the status of a single heat supply organization is assigned to the specified person. If, in relation to one zone of activity of a single heat supply organization, several applications are submitted from persons who own, by right of ownership or other legal basis, sources of thermal energy and (or) heating networks in the corresponding zone of activity of a single heat supply organization, the authorized body assigns the status of a single heat supply organization in in accordance with paragraphs 7 - 10 of these Rules.
7. The criteria for determining a single heat supply organization are:

possession, by right of ownership or other legal basis, of thermal energy sources with the highest operating thermal power and (or) heating networks with the highest capacity within the boundaries of the area of ​​activity of a single heat supply organization;

the amount of equity capital;

ability to better ensure the reliability of heat supply in the corresponding heat supply system.

To determine these criteria, the authorized body, when developing a heat supply scheme, has the right to request relevant information from heat supply and heating network organizations.
8. If an application for assignment of the status of a single heat supply organization is submitted by an organization that owns, by right of ownership or other legal basis, heat energy sources with the highest operating thermal power and heating networks with the highest capacity within the boundaries of the area of ​​activity of the single heat supply organization, the status of the single heat supply organization assigned to this organization.
Indicators of the operating power of thermal energy sources and the capacity of heating networks are determined on the basis of data from the heat supply diagram (draft diagram) of a settlement or urban district.
9. If applications for assignment of the status of a single heat supply organization are submitted from an organization that owns, by right of ownership or other legal basis, sources of thermal energy with the highest operating thermal power, and from an organization that owns, by right of ownership or other legal basis, heat networks with the largest capacity within the boundaries of the area of ​​activity of a single heat supply organization, the status of a single heat supply organization is assigned to that organization from the above that has the largest amount of equity capital. If the size of the own capitals of these organizations differs by no more than 5 percent, the status of a single heat supply organization is assigned to the organization that is able to best ensure the reliability of heat supply in the corresponding heat supply system.
The amount of equity capital is determined according to the financial statements compiled as of the last reporting date before submitting an application to assign the organization the status of a single heat supply organization with a mark from the tax authority on its acceptance.
10. The ability to best ensure the reliability of heat supply in the corresponding heat supply system is determined by the organization’s technical capabilities and qualified personnel for setup, monitoring, dispatching, switching and operational control of the hydraulic and temperature conditions of the heat supply system and is justified in the heat supply scheme.
11. If organizations have not submitted a single application for assignment of the status of a single heat supply organization, the status of a single heat supply organization is assigned to the organization that owns thermal energy sources with the highest operating thermal capacity and (or) heating networks with the highest thermal capacity in the relevant area of ​​activity.
12. When carrying out its activities, the unified heat supply organization is obliged to:

conclude and execute heat supply contracts with any heat energy consumers who apply to it, whose heat-consuming installations are located in this heat supply system, provided that these consumers comply with the technical conditions for connecting to heat networks issued to them in accordance with the legislation on urban planning activities;

conclude and execute contracts for the supply of thermal energy (power) and (or) coolant in relation to the volume of heat load distributed in accordance with the heat supply scheme;

conclude and execute contracts for the provision of services for the transfer of thermal energy and coolant in the amount necessary to ensure heat supply to consumers of thermal energy, taking into account losses of thermal energy and coolant during their transfer.

13. An organization may lose its status as a single heat supply organization in the following cases:

failure to fulfill or improper fulfillment of obligations to pay for thermal energy (capacity), and (or) coolant, and (or) services for the transfer of thermal energy, coolant, provided for by the conditions specified in paragraphs three and four of clause 12 of these Contract Rules, in an amount exceeding the volume such obligations for 2 billing periods, or systematic (3 or more times within 12 months) non-fulfillment or improper fulfillment of other obligations provided for by the terms of such agreements. The fact of non-fulfillment or improper fulfillment of obligations must be confirmed by decisions of the federal antimonopoly body and (or) its territorial bodies and (or) courts that have entered into legal force;

(as edited by stop of the Government of the Russian Federation dated November 24, 2016 No. 1239)

adoption in the prescribed manner of a decision on reorganization (with the exception of reorganization in the form of merger, when other reorganized organizations join an organization that has the status of a single heat supply organization, as well as reorganization in the form of transformation) or liquidation of an organization that has the status of a single heat supply organization;

adoption by an arbitration court of a decision to declare an organization that has the status of a single heat supply organization bankrupt;

termination of the right of ownership or possession of the property specified in paragraph two of clause 7 of these Rules, on the grounds provided for by the legislation of the Russian Federation;

inconsistency of an organization that has the status of a single heat supply organization with criteria related to the size of its own capital, as well as the ability to better ensure the reliability of heat supply in the corresponding heat supply system;

filing by an organization of an application to terminate the functions of a single heat supply organization.

14. Persons whose rights and legitimate interests are violated on the grounds provided for in paragraph two of clause 13 of these Rules, immediately inform the authorized bodies about this so that they can make a decision on the loss of the organization’s status as a single heat supply organization. The specified information must be accompanied by decisions of the federal antimonopoly authority and (or) its territorial bodies and (or) courts that have entered into legal force.
An authorized official of an organization that has the status of a single heat supply organization is obliged to notify the authorized body of the occurrence of the facts specified in paragraphs three to five of clause 13 of these Rules, which are the basis for the organization losing the status of a single heat supply organization, within 3 working days from the date the authorized body makes a decision on reorganization, liquidation, declaring an organization bankrupt, termination of ownership or possession of the organization’s property.
15. An organization that has the status of a single heat supply organization has the right to submit to the authorized body an application to terminate the functions of a single heat supply organization, except for cases where the status of a single heat supply organization is assigned in accordance with paragraph 11 of these Rules. An application to terminate the functions of a single heat supply organization can be submitted before August 1 of the current year.
16. The authorized body is obliged to make a decision on the loss of the organization’s status as a single heat supply organization within 5 working days from the date of receipt from persons whose rights and legitimate interests were violated on the grounds provided for in paragraph two of paragraph 13 of these Rules, decisions of the federal antimonopoly body that have entered into legal force , and (or) its territorial bodies, and (or) courts, as well as receiving a notification (application) from an organization that has the status of a single heat supply organization, in the cases provided for in paragraphs three to seven of clause 13 of these Rules.

If a single heat supply organization is assigned to several heat supply systems, the authorized body makes a decision on the loss of the organization’s status as a single heat supply organization only in those areas of activity determined in accordance with the heat supply scheme in which the fact of non-fulfillment or improper fulfillment of obligations by the single heat supply organization is confirmed by those who entered into legal force by decisions of the federal antimonopoly body, and (or) its territorial bodies, and (or) courts in accordance with paragraph two of paragraph 13 of these Rules, or in respect of which the organization has filed an application to terminate the functions of a single heat supply organization in accordance with paragraph seven of paragraph 13 of these Rules. (as amended by Decree of the Government of the Russian Federation dated November 24, 2016 No. 1239)

17. The authorized body is obliged, within 3 working days from the date of the decision on the loss of the organization’s status as a single heat supply organization, to post a message about this on the official website, and also invite heat supply and (or) heating network organizations to submit an application to assign them the status of a single heat supply organization.
Submission of an application by interested organizations and determination of a single heat supply organization is carried out in the manner established in paragraphs 5 - 11 of these Rules.
18. An organization that has lost the status of a single heat supply organization on the grounds provided for in paragraph 13 of these Rules is obliged to perform the functions of a single heat supply organization until another organization is assigned the status of a single heat supply organization in the manner provided for in paragraphs 5 - 11 of these Rules, and also transfer to the organization to which it was assigned the status of a single heat supply organization, information about heat consumers, including the name of the consumer, place of residence (location), bank details, as well as information on the status of settlements with the consumer.
19. The boundaries of the zone of activity of a single heat supply organization may be changed in the following cases:

connecting new heat-consuming installations, heat energy sources or heating networks to the heat supply system, or disconnecting them from the heat supply system;

technological integration or separation of heat supply systems.

Information about changes in the boundaries of the zones of activity of a single heat supply organization, as well as information about the assignment of the status of a single heat supply organization to another organization, must be included in the heat supply scheme when it is updated.

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3. The status of a single heat supply organization is assigned to a heat supply and (or) heating network organization by a decision of the federal executive body (in relation to cities with a population of 500 thousand people or more) or a local government body (hereinafter referred to as the authorized bodies) upon approval of the heat supply scheme for a settlement or urban district.

4. The draft heat supply scheme must define the boundaries of the zones of activity of a single heat supply organization (organizations). The boundaries of the zone(s) of activity of a single heat supply organization(s) are determined by the boundaries of the heat supply system.

If there are several heat supply systems on the territory of a settlement or urban district, the authorized bodies have the right to:

determine a single heat supply organization (organizations) in each of the heat supply systems located within the boundaries of a settlement or urban district;

determine a single heat supply organization for several heat supply systems.

5. To assign an organization the status of a single heat supply organization on the territory of a settlement, urban district, persons who own thermal energy sources and (or) heating networks by right of ownership or other legal basis, submit to the authorized body within 1 month from the date of publication (placement) in in accordance with the established procedure of the draft heat supply scheme, as well as from the date of publication (placement) of the message specified in paragraph 17 of these Rules, an application for assigning the organization the status of a single heat supply organization indicating the area of ​​its activity. The application is accompanied by financial statements prepared as of the last reporting date before filing the application, with a note from the tax authority on its acceptance.

Authorized bodies are obliged, within 3 working days from the deadline for filing applications, to post information about accepted applications on the website of the settlement, urban district, on the website of the corresponding subject of the Russian Federation on the Internet information and telecommunications network (hereinafter referred to as the official website).

If local government bodies do not have the opportunity to post relevant information on their official websites, the necessary information can be posted on the official website of the subject of the Russian Federation within the boundaries of which the corresponding municipal entity is located. Settlements included in a municipal district can post the necessary information on the official website of this municipal district.

6. If, in relation to one zone of activity of a single heat supply organization, 1 application is submitted from a person who owns, by right of ownership or other legal basis, sources of thermal energy and (or) heating networks in the corresponding zone of activity of a single heat supply organization, then the status of a single heat supply organization is assigned to the specified person. If, in relation to one zone of activity of a single heat supply organization, several applications are submitted from persons who own, by right of ownership or other legal basis, sources of thermal energy and (or) heating networks in the corresponding zone of activity of a single heat supply organization, the authorized body assigns the status of a single heat supply organization in in accordance with paragraphs 7 - 10 of these Rules.

7. The criteria for determining a single heat supply organization are:

Ownership or other legal basis of thermal energy sources with the highest operating thermal power and (or) heating networks with the highest capacity within the boundaries of the area of ​​activity of a single heat supply organization;

the amount of equity capital;

ability to better ensure the reliability of heat supply in the corresponding heat supply system.

To determine these criteria, the authorized body, when developing a heat supply scheme, has the right to request relevant information from heat supply and heating network organizations.

8. If an application for assignment of the status of a single heat supply organization is submitted by an organization that owns, by right of ownership or other legal basis, heat energy sources with the highest operating thermal power and heating networks with the highest capacity within the boundaries of the area of ​​activity of the single heat supply organization, the status of the single heat supply organization assigned to this organization.

Indicators of the operating power of thermal energy sources and the capacity of heating networks are determined on the basis of data from the heat supply diagram (draft diagram) of a settlement or urban district.

9. If applications for assignment of the status of a single heat supply organization are submitted from an organization that owns, by right of ownership or other legal basis, sources of thermal energy with the highest operating thermal power, and from an organization that owns, by right of ownership or other legal basis, heat networks with the largest capacity within the boundaries of the area of ​​activity of a single heat supply organization, the status of a single heat supply organization is assigned to that organization from the above that has the largest amount of equity capital. If the size of the own capitals of these organizations differs by no more than 5 percent, the status of a single heat supply organization is assigned to the organization that is able to best ensure the reliability of heat supply in the corresponding heat supply system.

The amount of equity capital is determined according to the financial statements compiled as of the last reporting date before filing an application to assign the organization the status of a single heat supply organization with a mark from the tax authority on its acceptance.

10. The ability to best ensure the reliability of heat supply in the corresponding heat supply system is determined by the organization’s technical capabilities and qualified personnel for setup, monitoring, dispatching, switching and operational control of the hydraulic and temperature conditions of the heat supply system and is justified in the heat supply scheme.

11. If organizations have not submitted a single application for assignment of the status of a single heat supply organization, the status of a single heat supply organization is assigned to the organization that owns thermal energy sources with the highest operating thermal capacity and (or) heating networks with the highest thermal capacity in the relevant area of ​​activity.

12. When carrying out its activities, the unified heat supply organization is obliged to:

conclude and execute heat supply contracts with any heat energy consumers who apply to it, whose heat-consuming installations are located in this heat supply system, provided that these consumers comply with the technical conditions for connecting to heat networks issued to them in accordance with the legislation on urban planning activities;

Conclude and execute contracts for the supply of thermal energy (power) and (or) coolant in relation to the volume of heat load distributed in accordance with the heat supply scheme;

conclude and execute contracts for the provision of services for the transfer of thermal energy and coolant in the amount necessary to ensure heat supply to consumers of thermal energy, taking into account losses of thermal energy and coolant during their transfer.

13. An organization may lose its status as a single heat supply organization in the following cases:

systematic (3 or more times within 12 months) non-fulfillment or improper fulfillment of obligations stipulated by the terms of the contracts specified in paragraph 12 of these Rules. The fact of non-fulfillment or improper fulfillment of obligations must be confirmed by decisions of the federal antimonopoly body and (or) its territorial bodies and (or) courts that have entered into legal force;

adoption in the prescribed manner of a decision on reorganization (with the exception of reorganization in the form of merger, when other reorganized organizations join an organization that has the status of a single heat supply organization, as well as reorganization in the form of transformation) or liquidation of an organization that has the status of a single heat supply organization;

Adoption by an arbitration court of a decision to declare an organization that has the status of a single heat supply organization bankrupt;

termination of the right of ownership or possession of the property specified in paragraph two of clause 7 of these Rules, on the grounds provided for by the legislation of the Russian Federation;

inconsistency of an organization that has the status of a single heat supply organization with criteria related to the size of its own capital, as well as the ability to better ensure the reliability of heat supply in the corresponding heat supply system;

Submission by the organization of an application to terminate the functions of a single heat supply organization.

14. Persons whose rights and legitimate interests are violated on the grounds provided for in paragraph two of clause 13 of these Rules, immediately inform the authorized bodies about this so that they can make a decision on the loss of the organization’s status as a single heat supply organization. The specified information must be accompanied by decisions of the federal antimonopoly authority and (or) its territorial bodies and (or) courts that have entered into legal force.

An authorized official of an organization that has the status of a single heat supply organization is obliged to notify the authorized body of the occurrence of the facts specified in paragraphs three to five of clause 13 of these Rules, which are the basis for the organization losing the status of a single heat supply organization, within 3 working days from the date the authorized body makes a decision on reorganization, liquidation, declaring an organization bankrupt, termination of ownership or possession of the organization’s property.

15. An organization that has the status of a single heat supply organization has the right to submit to the authorized body an application to terminate the functions of a single heat supply organization, except for cases where the status of a single heat supply organization is assigned in accordance with paragraph 11 of these Rules. An application to terminate the functions of a single heat supply organization can be submitted before August 1 of the current year.

16. The authorized body is obliged to make a decision on the loss of the organization’s status as a single heat supply organization within 5 working days from the date of receipt from persons whose rights and legitimate interests were violated on the grounds provided for in paragraph two of paragraph 13 of these Rules, decisions of the federal antimonopoly body that have entered into legal force , and (or) its territorial bodies, and (or) courts, as well as receiving a notification (application) from an organization that has the status of a single heat supply organization, in the cases provided for in paragraphs three to seven of clause 13 of these Rules.

17. The authorized body is obliged, within 3 working days from the date of the decision on the loss of the organization’s status as a single heat supply organization, to post a message about this on the official website, and also invite heat supply and (or) heating network organizations to submit an application to assign them the status of a single heat supply organization.

Submission of an application by interested organizations and determination of a single heat supply organization is carried out in the manner established in paragraphs 5 - 11 of these Rules.

18. An organization that has lost the status of a single heat supply organization on the grounds provided for in paragraph 13 of these Rules is obliged to perform the functions of a single heat supply organization until another organization is assigned the status of a single heat supply organization in the manner provided for in paragraphs 5 - 11 of these Rules, and also transfer to the organization to which it was assigned the status of a single heat supply organization, information about heat consumers, including the name of the consumer, place of residence (location), bank details, as well as information on the status of settlements with the consumer.

19. The boundaries of the zone of activity of a single heat supply organization may be changed in the following cases:

Connecting new heat-consuming installations, heat energy sources or heating networks to the heat supply system, or disconnecting them from the heat supply system;

technological integration or separation of heat supply systems.

Information about changes in the boundaries of the zones of activity of a single heat supply organization, as well as information about the assignment of the status of a single heat supply organization to another organization, must be included in the heat supply scheme when it is updated.