On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 27, 2021 No. 16-P

On the case of check of constitutionality of the paragraph of third Item 42 (1), Items 44 and 45 of Rules of provision of utilities to owners and users of rooms in apartment houses and apartment houses, and also formula 3 of appendix No. 2 to these Rules in connection with the claim of the citizen V. N. Shesterikova

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, V. G. Yaroslavtsev,

being guided by Article 125 (the part Item "and" 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of the paragraph of third Item 42 (1), Items 44 and 45 of Rules of provision of utilities to owners and users of rooms in apartment houses and apartment houses, and also formula 3 of appendix No. 2 "Calculation of the amount of payment for utilities" to these Rules.

Reason for consideration of the case was the claim of the citizen V. N. Shesterikova. The basis to consideration of the case was the found uncertainty in question of whether there correspond Constitutions of the Russian Federation the normative provisions challenged by the declarant.

Having heard the message of the judge-speaker S. P. Mavrin, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to the Rules of provision of utilities to owners and users of rooms in apartment houses and apartment houses approved by the Order of the Government of the Russian Federation of May 6, 2011 No. 354 (further also - Rules):

in the apartment house which is equipped with the collective (all-house) metering device of heat energy and in which any residential or non-residential premise is not equipped with the individual and (or) general (room) metering device of heat energy the amount of payment for utility on heating is determined by formulas 3 and 3 (4) appendices No. 2 to these Rules based on indications of the collective (all-house) metering device of heat energy (the paragraph third Item 42 (1));

the amount of payment for the utility provided for all-house needs in cases, stipulated in Item 40 data of Rules in the apartment house equipped with the collective (all-house) metering device, except for utility on heating is determined according to formula 10 of appendix No. 2 to the called Rules (paragraph one of Item 44);

if the amount of the utility provided for settlement period for all-house needs is made by zero, then the payment for the corresponding type of the utility provided for all-house needs, determined according to Item 44 of these Rules for such settlement period to consumers is not charged (Item 45).

Constitutionality of the given normative provisions is disputed by the citizen V. N. Shesterikova, at the same time Item 44 of Rules formally enters subject of its claim in full though actually violation of the constitutional rights it connects with content it paragraph one.

Besides, the declarant disputes the formula 3 of appendix No. 2 "Calculation of the amount of payment for utilities" to Rules determining the amount of payment for utility by heating in specific (i-m) the residential or non-residential premise in the apartment house which is equipped with the collective (all-house) metering device of heat energy and in which any residential or non-residential premise is not equipped with the individual and (or) general (room) metering device of heat energy.

1.1. V. N. Shesterikova lives in the apartment house located in the city of Mikhaylovsk of Shpakovsky district of Stavropol Krai. At the same time, though the house is also connected to system of centralized heat supply, the most part of the premises located in it (including the apartment in which the declarant lives) and part of non-residential premises in coordination with administration of the municipality are transferred to autonomous heating at the expense of individual sources of heat energy (gas coppers). These rooms are disconnected from system of centralized heat supply, in them dismantle of devices of heating (radiators) is made and heat insulation of struts of heating is performed.

Since 2018 to owners of rooms in this apartment house which were transferred to heating with use of individual sources of heat energy charge of payment for the utility on heating provided for all-house needs proceeding from indications of the collective (all-house) metering device of heat energy is made. However, according to V. N. Shesterikova, this utility actually is not rendered as as it is established by the conclusion of judicial construction technical expertize, places public in the specified apartment house have no heating devices and pipelines of system of heating and have no signs of the heated rooms, and the engineering networks of heat supply placed in the basement of this apartment house have no signs of the heatconsuming devices used for provision of utility according to Rules of provision of utilities to owners and users of rooms in apartment houses and apartment houses.

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