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RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of February 11, 2005 No. PP-5

About measures for non-admission of unreasonable growth of rates and increase in responsibility of consumers for timely and complete calculations for utilities

(as amended on 28-08-2013)

For the purpose of enhancement of the mechanism and increase in responsibility for timely and complete calculations of consumers for utilities, non-admissions of unreasonable growth of rates, and also mobilization of necessary means for implementation of operation, technical upgrade and modernization of municipal networks, strengthening of material technical base of the companies of public service:

1. Form under the Cabinet of Ministers the Republican commission on rates and monitoring of accomplishment of the Program of reforms in housing and communal services (Further - the Commission) in structure according to appendix.

Determine the main objectives of the Commission:

assistance to creation of the competitive market of utilities, to development in this sphere of private enterprises;

the quarterly analysis of cost structure in case of cost determination and the sizes of rates for utilities by the territories for the purpose of non-admission of their unreasonable growth;

the organization of development of maximum permissible regulations of losses of natural gas in gas pipelines of average and low pressure, hot water and heat energy in case of their production of the municipal sphere by the relevant companies and delivery to consumers;

system monitoring and control of the course of installation and operation of individual and collective metering devices of utilities according to adopted agenda;

the organization and control of implementation of modern energy-saving technologies in production process and provisions of utilities.

2. Determine that:

all legal persons consumers of utilities shall make complete calculation for the consumed utilities within 30 days after the termination of calendar month;

for each overdue day over the terms established in the agreement penalty fee on legal entities in the amount of 0, of percent and on the population - percent 0,1, but no more than 50 percent from overdue payment amount is charged. The received amounts of penalty fee completely and are used target image for upgrade and modernization of system of public service;

the consumers who timely did not pay utilities are disconnected from their source in accordance with the established procedure;

the violators who are self-willedally connected to gas and water supply systems, intentionally allowed spoil of metering devices of electrical energy, natural gas, cold and hot water, heat energy, and also intervention in metering devices from the outside for the purpose of change of their indicators bear responsibility according to the legislation, up to criminal.

3. Determine that since July 1, 2005 total expenses on maintenance of the water supply, sewer, heating, power networks and devices which are in residential buildings are made at the expense of means of the homeowners accumulated in the partnerships of private homeowners (PPH) and, respectively, do not join in costs of the companies suppliers of cold water, heat and electrical energy.

4. Extend the tax benefits provided to partnerships of private homeowners according to the Presidential decree of the Republic of Uzbekistan of February 26, 2002 No. UP-3038 "About Additional Measures for Development of Activities of Partnerships of Private Homeowners" to professional managing companies of partnerships of private homeowners.

5. Take into consideration that since January 1, 2005, according to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of November 1, 2004 No. 511 "About measures for cardinal enhancement of the mechanism of calculations for use of electrical energy", payment by the population of the received utilities is performed at the choice of consumers without restriction, through any organization of commercial bank and cash desk on acceptance of payments.

Forbid partnerships of private homeowners and the companies suppliers of utilities the organization of independent collection, passing cash desks, cash from the population for the rendered housing and communal services, including introduction of compulsory contributions.

6. To the deputy prime minister of the Republic of Uzbekistan Tukhtayev A. H. with participation of the Ministry of Justice, Ministry of Economics of the Republic of Uzbekistan, the Uzbekenergo Agency Uzkommunkhizmat, SAC, Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and Tashkent, other interested departments carefully to consider and in two-month time to make in the Cabinet of Ministers offers on changes and amendments in the Housing Code of the Republic of Uzbekistan.

At the same time to pay special attention to questions of responsibility of owners and users of housing for timely payment of utilities, expenses on operation and content of housing.

7. In cases of gross violation by owners and users of housing of requirements of the Housing Code of the Republic of Uzbekistan and other legal acts on payment of utilities, expenses on content of housing, according to the signed agreements, to khokimiyats of the cities and areas on representation of suppliers of utilities or partnerships of private homeowners to introduce claims in civil courts for collection in accordance with the established procedure from perpetrators of the formed debt.

8. To the Ministry of Economics, the State Property Committee, Gosarkhitektstroy, Goskomzemgeodezkadastr, the Ministry of Justice of the Republic of Uzbekistan together with other interested departments to develop and bring in the Cabinet of Ministers Regulations on procedure for identification, accounting and the address to state-owned property of the empty ownerless premises in a month.

9. To Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and Tashkent, the cities and areas to carry out inventory count of the empty premises to three-months time.

In case of identification:

the empty ownerless premises to provide their registration with the subsequent appeal to the court on transfer of these rooms in accordance with the established procedure to state-owned property;

the empty premises on which debt on payment of utilities and expenses on operation of housing is had over six months to initiate claims in civil courts for decision making about specific responsibility of homeowners according to the legislation.

10. To the Ministry of Justice of the Republic of Uzbekistan together with the Prosecutor General's Office, the Supreme Court, the State Property Committee and the Ministry of Finance of the Republic of Uzbekistan to make in the Cabinet of Ministers offers on procedure for execution by sudoispolnitel of decisions of judicial authorities in the cases provided by this resolution in a month.

11. To the Ministry of Justice of the Republic of Uzbekistan together with the interested ministries and departments in two-month time:

to critically proinventarizirovat the corresponding departmental regulations, to take measures for their sharp reducing and streamlining, meaning that normative legal regulation in the housing-and-municipal sphere shall be performed, first of all, by legal acts;

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