ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 24, 2007 No. 316

About approval of Rules of determination of conditions of organization activity of municipal complex which objective change influences the cost of services of these organizations

In pursuance of article 4 of the Federal law "About Bases of Regulation of Rates of the Organizations of Municipal Complex" Government of the Russian Federation decides:

Approve the enclosed Rules of determination of conditions of organization activity of municipal complex which objective change influences the cost of services of these organizations.

Approved by the Order of the Government of the Russian Federation of May 24, 2007 No. 316

Rules of determination of conditions of organization activity of municipal complex which objective change influences the cost of services of these organizations

1. These rules establish procedure for determination of separate conditions of organization activity of municipal complex which objective change influences the cost of services of these organizations.

2. Natural disasters, catastrophic crashes, other emergency situations of natural and technogenic nature, military operations, acts of terrorism, mass riots or withdrawal in stipulated by the legislation cases of the Russian Federation at the organization of municipal complex of fixed assets belong to the objective changes of conditions of organization activity of municipal complex influencing the cost of services of this organization in addition to the changes specified in Item 19 of article 2 of the Federal law "About Bases of Regulation of Rates of the Organizations of Municipal Complex" if any of these events separately or their set entailed change more than for 10 percent of the financial requirements necessary for realization of production and (or) investing program of the organization of municipal complex, in comparison with the financial requirements of this organization determined at the time of approval of the appropriate program.

3. Events and their consequences specified in Item 2 of these rules are considered as objective change of conditions of organization activity of the municipal complex influencing the cost of services of this organization if the organization of municipal complex could not prevent or influence approach of such consequences.

4. In case of approach of the events and consequences specified in Item 2 of these rules, the organization of municipal complex has the right within 30 calendar days from the date of approach (completion) of the specified events to send to the executive body of the subject of the Russian Federation performing regulation of rates for services of the organizations of municipal complex, and (or) the local government body performing regulation of rates and allowances of the organizations of municipal complex (further - regulating authority), the statement for early review of rates and allowances in connection with the objective change of conditions of its activities influencing the cost of its services.

The statement in case of giving after fixed term can be taken cognizance if the reasons of delay are acknowledged as regulating authority valid.

5. The statement shall contain the name of the organization, specifying on approach of one or several events listed in Item 2 of these rules, the name of rates and allowances which require adjustment and also request for adoption of the statement to consideration (if term, stipulated in Item 4 these rules is passed).

Are enclosed to the application:

the documents confirming approach of the events specified in Item 2 of these rules;

the calculations confirming change of financial requirements of the organization of municipal complex, and also predesigns of the sizes of the rates and allowances offered to establishment;

other documents which, according to the organization of municipal complex, confirm need of early review of the rates and allowances specified in the statement in connection with the objective change of conditions of its activities influencing the cost of services of this organization.

6. The regulating authority considers the application with the documents attached to it within 20 calendar days from the date of its obtaining.

7. The regulating authority by results of consideration of the application of the organization of municipal complex or in case of identification by results of the monitoring of accomplishment of production and (or) investment programs of the organization of municipal complex of change of financial needs for the sizes specified in Item 2 of these rules which is carried out by him makes the decision:

about availability or lack of objective change of the conditions of organization activity of municipal complex which led to change of financial requirements of the organization of municipal complex;

about opportunity or impossibility of the organization of municipal complex to influence change of her financial requirements or to prevent such change.

8. The decision on availability of the fact of objective change of conditions of organization activity of the municipal complex which led to emergence of the consequences specified in Item 2 of these rules and impossibility of the organization of municipal complex to influence the size of these consequences is the basis for early review of rates for services of the organizations of municipal complex (except for rates for services of the organizations municipal kompleksaproizvoditel of services in the sphere electro-and heat supplies), allowances to rates for services of the organizations of municipal complex and rates of the organizations of municipal complex for connection to systems of municipal infrastructure established according to the Federal Law "About Bases of Regulation of Rates of the Organizations of Municipal Complex".

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