Changes for 2021
At the beginning of 2021, citizens of certain regions of Russia noticed that a new column called “Management of solid waste” appeared in the receipt for payment for housing and communal services. It stands for municipal solid waste management.
The word handling refers to the collection, transportation, processing, disposal, neutralization and placement (storage) of household waste. Also, you can familiarize yourself with the differences in the concepts of MSW and MSW - one replaced the other at the legal level.
The appearance of a new column is mainly associated with the implementation of a large-scale garbage reform . Thus, if previously the removal of household waste belonged to the section “maintenance and repair” of the common property of an apartment building (apartment building), now it is an independent type of public service. This is confirmed by clause 4 of Art. 154 Housing Code of the Russian Federation .
First news
Since January 2021, residents of private and multi-storey buildings will receive a new check for payment for garbage removal. At the same time, information appeared on social networks that there is no need to pay for such payments. The message said that, if desired, a person has the right to enter into an agreement and pay the receipt. If the terms of the agreement are violated and you are not satisfied with the cost of services, you can refuse payment. The author of the text recommends that you save the document and use it as evidence for legal proceedings (if necessary). If the payer’s personal data is found in the payment, you can submit an application to the prosecutor’s office, because the operator most likely obtained confidential information illegally.
Why are we not happy with the payment situation?
In practice, quite often there are situations when the owner of the premises, for one reason or another, is dissatisfied with the content of the column “Management of solid waste”.
This may be due to the following reasons:
- Incorrect calculation of the cost of a utility service - knowing the current tariffs and consumption standards (the volume of waste in cubic meters that is generated by a person during the year), the owner of the premises can independently make the necessary calculations and check with the amount indicated in the receipt. If there are discrepancies, he has the right to make claims.
- The owner of the property lives in another place - in this case, he has the right to demand a recalculation of the fee for handling MSW. This is written about in paragraph 148 (44) of section XV (1) of the Decree of the Government of the Russian Federation of February 27, 2017 No. 232. In this case, the period of absence from the apartment must be at least 5 full days in a row .
- The section of the receipt “Number of consumers” takes into account persons who are not registered in a specific premises - the calculation of fees for handling household waste is carried out based on the number of registered ones. Thus, the use of an inflated number of registered ones leads to an unreasonable increase in the cost of this utility service. If such a fact is revealed, the payer has every right to make appropriate claims.
- There are doubts regarding the correctness of the tariff used in the calculation - as is known, tariffs for this type of utility service in each individual constituent entity of the Russian Federation are established by local government authorities (for example, for residents of Moscow they are prescribed in Decree of the Government of the Moscow Region dated October 2, 2018 No. 690/ 34). Thus, if the regulatory documents of a particular region indicate one tariff, and the receipt reflects another, then this is a valid basis for making a claim against the contractor.
Expert opinion
Valeria
Lawyer and expert of the site garbage-reforma.rf
ATTENTION .
It should be borne in mind that if no one is registered in the apartment, then the fee for handling MSW is calculated based on the number of owners of a given living space.
What to do if no one lives in the apartment for a long time
According to the current rules, payment for the removal of MSW is calculated taking into account the persons who live at the site (on a permanent or temporary basis).
In the absence of this information, the number of premises owners is calculated. The norms of the Housing Code of the Russian Federation state that the absence of the owner or user in the apartment or house is not considered a basis for paying for housing and communal services and transferring rent. If a person is temporarily absent, he pays for services taking into account consumption standards and the time period when he was not at home. This applies to some housing and communal services. The norm is prescribed in the Housing Code of the Russian Federation (Article 155, Part 11). Payments are recalculated if a person is absent from home for more than five days in a row.
If I DO NOT pay for garbage removal
As with other types of utility payments, in case of non-payment of MSW management services, a fine may be imposed .
So, according to paragraph 1 of Art. 155 of the Housing Code of the Russian Federation, each owner must pay for residential premises and housing and communal services resources, including the management of household waste, monthly before the 10th day of the month following the period in which the service was provided.
In case of late payment of the receipt, including the section “Management of solid waste”, a penalty will be charged. Its size is 1/300 of the refinancing rate of the Central Bank of the Russian Federation. This penalty is calculated from the amount of debt for each day of delay. This rule is spelled out in paragraph 14 of Art. 155 Housing Code of the Russian Federation.
In addition, property owners must remember that if they fail to pay for the service of removing and processing household waste, the provider of this service can recover from them the amount of debt in court .
Possible difficulties
Difficulties may also arise if the service company is dishonest. So, after studying the request, you may be told that it does not matter how many people live at your address, because the owner is listed on the papers, on the basis of which the monthly amount is calculated.
There is also a trend in small towns where garbage cans are not installed at all.
However, receipts still arrive, and the garbage collection company interprets it as follows: a special machine drives along each street once a week and collects garbage. In this case, you should not react to such statements, continuing to look for solutions to terminate the contract with the service company within the legal framework.
How are tariffs calculated?
In accordance with paragraph 2 of Art. 24.8 of the Federal Law of the Russian Federation “On Industrial and Consumption Waste”, the provision of services for the management of municipal solid waste is carried out at prices determined in the agreement between the contractor and the consumer. In this case, the maximum tariffs established by the authorities of the constituent entities of the Russian Federation must be taken into account.
Expert opinion
Valeria
Lawyer and expert of the site garbage-reforma.rf
The basic principles and methods of regulating tariffs for MSW management services are described in detail in Decree of the Government of the Russian Federation of May 30, 2016 No. 484.
In general, the cost of such a utility service is calculated using the following general formula:
P = T * (N / 12) * X
The given formula has the following interpretation:
- P – fee for handling MSW,
- T – tariff established in a specific region of the Russian Federation,
- N – consumption standard. This indicator reflects the number of cubic meters of waste that is generated by one person during the year,
- X – number of persons registered in the premises.
To pay or not in the absence of an agreement
Many citizens rely on information on social networks and are not going to pay for garbage removal. They substantiate their opinion by the fact that no contract was concluded with the executing company. Therefore, there are no obligations. According to the law, utility services related to MSW are documented. The parties sign a compensation agreement, which is drawn up in writing or through implied actions.
The last term hides the main difficulty. Conclusive actions mean that the consumer has taken steps confirming the desire to consume the services of the utility or, in fact, used them. These points are spelled out in the rules for the provision of housing and communal services to owners and users of objects in residential and multi-apartment buildings (Article 148 (1), paragraph 6). This document was approved by PP No. 354 dated 05/06/2011.
It turns out that the absence of an agreement between the service company and the consumer does not give the right to refuse payment for MSW removal services . In turn, the authorized organization does not have the right to refuse service to the consumer. In other words, you will still have to pay.
Who is responsible for the cost and who to complain to?
As a general rule, the main person responsible for providing MSW management services is the regional operator. These organizations are elected on a competitive basis.
If the owner of the premises discovers that the cost of such a service has been calculated incorrectly, he can submit a corresponding claim to one of the following organizations:
- Send your complaint directly to the regional operator - this option is relevant for owners of private houses who have entered into a direct agreement with the service provider for the removal and processing of household waste.
- Contact the management company - this method is suitable for owners of premises in apartment buildings. Typically, in this case, the management company (homeowners' association, residential complex) independently enters into an agreement with the regional operator. At the same time, it is the provider of municipal services for the management of solid waste.
Additionally, it is worth noting that in the event of inaction of the responsible person, the owner of the premises can also complain to Rospotrebnadzor, the Housing Inspectorate, the prosecutor's office or file a lawsuit.
What sanctions will follow if you refuse to pay your bills?
From January 1, garbage collection is provided to various categories of the population - persons living in a private home, in a new building, in rooms, etc., as well as legal entities. Consequently, all of these categories of payers are required to pay a fee towards the consumed housing and communal services, taking into account the current standards (tariffs). If a person does not want to fulfill his duties, then he has a debt. If after 4-6 months the funds are not received, the company providing the relevant services has the right to apply to the court for recovery. If this measure does not help, then the funds are forcibly withheld by the bailiffs.
In the future, the following sanctions will be applied to the person who committed the debt:
- Retention of debt, including from bank accounts.
- Collection of funds from wages received at the place of employment, pensions and other types of income.
- Seizure of an object with the impossibility of its further sale.
- Sale of property at auction.
- Border crossing ban.
- Other measures.
When going to court, the authority makes a decision, which must be executed by the offender within five days. In parallel, the FSSP issues a resolution establishing an enforcement fee (7% of the debt, but not less than 100 rubles for individuals and 10,000 rubles for legal entities).
Example from life
The effect of these rules can be examined using an example from life. The apartment has one owner, but two people live in it. If one leaves for more than five days, the owner has the right to collect supporting documents and demand a recalculation of payments for housing and communal services. As a result, he pays according to consumption standards pertaining to one tenant. If both leave for the specified period, then the fee will be charged based on the number of owners. In other words, money is taken for one person.
What to do in a situation where there is only one owner in the apartment? If the owner is away for a long time and there are no other residents in the property, then you will still have to pay for garbage removal (just for one person).
It happens that, due to circumstances, a person moves to another city, lives in a new apartment, but remains the owner of the old home. If no one lives in the latter property, the position of the law remains the same. Payment for the removal of MSW in new real estate does not affect the position of the authorities. A person is forced to pay for two objects at once.
