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Ministry of Justice

Russian Federation

On June 29, 2010 No. 17646

ORDER OF THE MINISTRY OF ENERGY OF THE RUSSIAN FEDERATION

of April 7, 2010 No. 149

About approval of procedure for the conclusion and essential terms of the contract regulating conditions of installation, replacement and (or) operation of metering devices of the used energy resources

(as amended on 20-08-2020)

According to the Federal Law of November 23, 2009 N 261-FZ "About energy saving and about increase in energy efficiency and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2009, N 48, the Art. 5711) and Item 4.2.14.2 of the Regulations on the Ministry of Energy of the Russian Federation approved by the order of the Government of the Russian Federation of May 28, 2008 N 400 (The Russian Federation Code, 2008, N 22, Art. 2577; N 42, of Art. 4825; N 46, of Art. 5337; 2009, N 3, Art. 378; N 6, of Art. 738; N 33, of Art. 4088; N 52, of Art. 6586; To N 9, of the Art. 960), I order:

Approve the enclosed Procedure for the conclusion and essential terms of the contract regulating conditions of installation, replacement and (or) operation of metering devices of the used energy resources.

Vr.i.o. Minister

V. M. Azbukin

Approved by the Order of the Ministry of Energy of the Russian Federation of April 7, 2010, No. 149

Procedure for the conclusion and essential terms of the contract regulating conditions of installation, replacement and (or) operation of metering devices of the used energy resources

I. General provisions

1. This Procedure determines features of the conclusion and essential terms of the contract regulating conditions of installation, replacement and (or) operation of metering devices of the used energy resources (water, natural gas, heat energy) (further - the agreement) on the objects connected to systems of centralized heat supply, and (or) systems of centralized water supply, and (or) systems of centralized gas supply.

2. This Procedure extends to the relations arising in connection with the conclusion of contracts with the organizations obliged according to requirements of the legislation on energy saving and about increase in energy efficiency to perform activities for installation, replacement, operation of the gages intended for determination of the data on quantitative value made, transferred, the consumed energy resources based on which calculations for energy resources are perfromed (further - the metering device).

3. The agreement is the public agreement and consists between the organization which performs supply with energy resource or its transfer and which network of engineering facilities have direct accession to the networks which are part of the technical equipment of the objects which are subject to equipment by metering devices of the used energy resources (further - the contractor), and addressed the contractor with the offer to sign the agreement the owner (physical person or legal entity, or person authorized by it) (further - the customer) buildings, structures, constructions, rooms in the apartment house, other object, in use which energy resources, including the temporary object which is subject to equipment by metering devices used energy resources, and the engineering facilities of the contractor having direct accession to networks (further - the customer's object) according to the procedure are used, established by the civil legislation of the Russian Federation taking into account the features provided by this Procedure.

Person responsible for content of common property of owners of rooms in the apartment house, or person representing the interests of owners of the apartment (garden) houses united by general networks of engineering facilities can act as the customer under the agreement on installation (replacement) and (or) operation of collective metering devices of the used energy resources.

II. Procedure for the conclusion of the agreement regulating conditions of installation, replacement and (or) operation of metering devices

4. The agreement is signed in simple written form.

5. For the conclusion of the agreement the customer - the legal entity or the individual entrepreneur sends to the contractor the written request which shall contain:

1) data on the subject of the agreement;

2) the full and abbreviated name of the customer - the legal entity, surname, name, the customer's middle name - the individual entrepreneur and details of the document proving his identity, the location (residence), the postal address, and also in the presence phones, the fax, the e-mail address;

3) data on the object which is subject to equipment by the metering device (for the contract for operation and (or) replacement of the metering device - the location information of the metering device, its technical characteristics);

4) the main requirements of the customer to the metering device conforming to requirements of regulatory legal acts of the Russian Federation.

6. - the legal entity or the individual entrepreneur are applied to the request of the customer:

1) copies of the documents confirming the property right to the object which is subject to equipment by the metering device;

2) copies of constituent documents;

3) copy of the certificate on state registration;

4) the copy of the certificate on registration in tax authorities of the Russian Federation;

5) the documents confirming the power of the person which signed the request.

7. For the conclusion of the agreement the customer - the physical person sends to the contractor the written request which shall contain:

1) data on the subject of the agreement;

2) surname, name, middle name of the customer and details of the document proving his identity, the residence, the postal address, and also in the presence phone, the fax, the e-mail address;

3) the address of the object which is subject to equipment by the metering device with indication of expected installation site of the metering device;

4) the requirements of the customer to the metering device conforming to requirements of regulatory legal acts of the Russian Federation.

Copies of the documents confirming the property right to the object which is subject to equipment by the metering device, the documents confirming the power of the person which signed the request are attached to the request of the customer - physical person if the request is signed not by the owner.

8. The contractor has no right to demand from the customer of submission of the data and documents which are not provided by this Procedure.

9. In case of absence in the request of necessary data, and also in the absence of the documents provided by Items 7 - 9 presents About, the contractor within 3 working days from the date of receipt of the request and the documents attached to it notifies on it the customer.

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