RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 27, 2017 No. 22

About some questions of the consideration by courts of disputes over payment of utilities and the premises occupied by citizens in the apartment house under the agreement of social hiring or belonging to them on the property right

For the purpose of ensuring unity of practice of application by courts of the legislation governing the relations on payment of utilities and the premises occupied by citizens in the apartment house under the agreement of social hiring or belonging to them on the property right, and also considering arising at courts by consideration of this category put questions, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, Articles 2, 5 Federal constitutional Laws of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

General provisions

1. The constitution of the Russian Federation guarantees everyone the right to housing which sales opportunity causes including establishment of available payment for premises to certain categories of citizens (part 3 of article 40 of the Constitution of the Russian Federation).

Citizens, performing right to use by premises and the right of receipt of utilities of proper quality, perform duty on timely and complete payment of premises and the provided utilities (article 153 of the Housing code of the Russian Federation).

2. The relations on payment by citizens of premises and utilities are regulated by provisions of the Housing code of the Russian Federation (further - ZhK Russian Federation), the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation), other Federal Laws (for example, the Federal Law of March 26, 2003 No. 35-FZ "About power industry", the Federal Law of July 27, 2010 No. 190-FZ "About heat supply", the Federal Law of December 7, 2011 No. 416-FZ "About water supply and water disposal"), the regulatory legal acts published according to the specified Federal Laws (for example, Rules of provision of utilities to owners and users of rooms in apartment houses, No. approved by the order of the Government of the Russian Federation of May 6, 2011 354, Rules of content of common property in the apartment house and Rules of change of the amount of payment for content and repair of premises in case of rendering services and performance of works on management, content and repair of common property in the apartment house of inadequate quality and (or) with the breaks exceeding the established duration, No. approved by the order of the Government of the Russian Federation of August 13, 2006 491).

Taking into account provisions of Item 9 of Article 13 and Item 10 of part 1 of article 14 ZhK Russian Federation of the relation on payment of premises and utilities can be regulated also by regulatory legal acts of subjects of the Russian Federation and local government bodies.

In this area treat powers of public authorities of the subject of the Russian Federation, in particular: establishment of the minimum size of fee on capital repairs (part 8.1 of article 156 ZhK Russian Federation); approval of standard rates of consumption of utilities, including standard rates of accumulating of solid utility waste (part 1 of article 157 ZhK Russian Federation).

Local government bodies, for example, have the right to establish the amount of payment for use of premises (rent), payment for content of premises for employers of premises under the agreement of social hiring and the amount of payment for content of premises for owners of premises which did not make the decision on the choice of method of management of the apartment house (part 3 of article 156 ZhK Russian Federation).

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