ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 29, 2017 No. 778

About introduction of amendments to some acts of the Government of the Russian Federation regarding optimization of procedure for connection of capital construction projects to systems of hot, cold water supply and water disposal

The government of the Russian Federation decides:

Approve the enclosed changes which are made to acts of the Government of the Russian Federation.

Approved by the Order of the Government of the Russian Federation of June 29, 2017 No. 778

Changes which are made to acts of the Government of the Russian Federation

1. In the Rules of hot water supply approved by the order of the Government of the Russian Federation of July 29, 2013 No. 642 "About approval of Rules of hot water supply and modification of the order of the Government of the Russian Federation of February 13, 2006 No. 83" (The Russian Federation Code, 2013, No. 32, the Art. 4304):

a) add Item 52 with paragraphs of the following content:

"The agreement on connection (accession) is public and consists according to the procedure, established by the Civil code of the Russian Federation, with respect for the features determined by these rules.

In case of availability of technical capability of connection (accession) of objects the refusal of the organization performing hot water supply of the conclusion of the agreement on connection (accession) is not allowed. In case of unreasonable refusal or evasion of the organization performing hot water supply of the conclusion of the agreement on connection (accession) the applicant has the right to take a legal action.

If the organization performing hot water supply has no technical capability of connection (accession) of objects, connection (accession) of objects is performed on the individual project.";

b) in Item 53:

state subitems "g" and "d" in the following edition:

"d) completion of connection (accession) of object based on the notification on accomplishment of conditions received from the applicant on connection (accession), including implementation by the organization performing hot water supply, checks of readiness of on-site and intra house networks and the equipment of object to connection (accession) of object, the admission to operation of metering station of hot water according to the Rules of the organization of commercial accounting of water, sewage approved by the order of the Government of the Russian Federation of September 4, 2013 No. 776 "About approval of Rules of the organization of commercial accounting of water, sewage" and installations by the organization performing hot water supply, seals on measuring instruments (metering devices), cranes and latches on their contours of the applicant;

e) signing by the parties of the act of connection (accession) of the object containing information on differentiation of balance sheet accessory and operational responsibility.";

recognize subitems "e" and "zh" invalid;

c) add Item 64 with paragraphs of the following content:

"The list of the data and documents provided by Items 62 and 63 of these rules is exhaustive. The contractor has no right to demand from the applicant of submission of the data and (or) documents which are not provided by these rules.

The request and documents provided by Items 62 and 63 of these rules are represented on paper or in electronic form. The request and documents submitted in electronic form are signed by persons having powers on their signing in accordance with the legislation of the Russian Federation, with use of the strengthened qualified digital signature (for legal entities and individual entrepreneurs) or the simple digital signature (for physical persons), provided by the Federal Law "About the Digital Signature".

The possibility of submission of the request and documents in electronic form is provided with the contractor.

Submission of the request and documents in electronic form is performed by the applicant with use of the identifier and the password issued by means of the official site of the contractor on the Internet, according to the procedure, established by the contractor. Information on procedure for issue and use of the identifier and the password is posted on the specified website of the contractor.

At the same time the contractor shall provide acceptance in electronic form of the request and documents of applicants, including possibility of free receipt by applicants of the identifier and the password, and possibility of receipt by applicants of data on the main processing stages of requests in real time without use of the software which installation on technical means of the applicant requires the conclusion of license or other agreement with the owner of the software providing collection from the applicant of payment and without use of special hardware.

The applicant bears responsibility for reliability and completeness of the documents attached to the request in electronic form in accordance with the legislation of the Russian Federation.";

d) state Items 65 and 66 in the following edition:

"65. The contractor within 3 working days from the date of receipt of the request about the conclusion of the agreement on connection (accession) and the documents attached to it considers and checks their compliance to the provisions provided by Items 62 and 63 of these rules.

The refusal of the contractor of acceptance of the applicant of the request in case of submission to them of the data and documents specified in Items 62 and 63 of these rules is not allowed to consideration.

In case of non-compliance by the applicant with the provisions provided by Items 62 and 63 of these rules, the contractor within 3 working days from the date of receipt of the request sends to the applicant the notification on need within 15 working days from the date of its obtaining to submit missing data and (or) documents and stops consideration of the request before receipt of missing data and documents.

In case of non-presentation by the applicant of missing data and (or) documents during the specified term the contractor cancels the request about the conclusion of the agreement on connection (accession) and notifies on it the applicant within 3 working days from the date of decision making about cancellation of the specified request.

66. In case of submission by the applicant of the data and documents provided by Items 62 and 63 of these rules, in full the contractor within 20 working days from the date of receipt of the request about the conclusion of the agreement on connection (accession) sends to the applicant the draft agreement signed in return about connection (accession) in 2 copies with application of documents confirming the power of the person which is acting on behalf of the contractor and signed the agreement on connection (accession), and calculation of connection fee (accession).";

e) in Items 67 and 68 of the word "15 working days" shall be replaced with words "10 working days";

e) add Item 69 with the paragraph of the following content:

"In case of not direction or motivated refusal of the conclusion of the agreement on connection (accession) the request about the conclusion of the agreement on connection (accession) is cancelled by the applicant of the draft agreement signed by it about connection (accession) not earlier than in 30 working days from the date of obtaining by the applicant of the draft agreement signed by the contractor about connection (accession).";

g) the fourth Item 73 to state the paragraph in the following edition:

"35 percent of payment are brought within 15 days from the date of signing by the parties of the act of connection (accession) of object.";

h) Item 74 after the words "consumption of hot water" to add with the words "including signings of the act of connection (accession) of object";

i) state Item 75 in the following edition:

"75. In case of agreement performance about connection (accession) of object the contractor shall:

a) perform actions for construction (to reconstruction, upgrade) water supply systems to points of connection (accession) of object, other objects of centralized system of hot water supply, and also on preparation of water supply systems for connection (accession) of object and supply of hot water no later than date which is established by the agreement on connection (accession);

b) complete connection (accession) of object based on the notification on accomplishment of conditions received from the applicant on connection (accession), including:

establish seals on measuring instruments (metering devices), cranes and latches on their contours in the time established by the agreement on connection (accession) on condition of establishment of the fact of accomplishment by the applicant of conditions by it on connection (accession);

perform connection (accession) of object no later than the date established by the agreement on connection (accession), but not earlier than establishment of technical readiness of on-site and (or) intra house networks and the equipment of the connected (attached) object for supply of hot water by it on such object and completion of actions for connection (accession) of on-site and (or) intra house networks and the equipment of the connected (attached) object to water supply systems;

constitute and sign the act of connection (accession) of object in 2 copies.";

j) in the subitem "d" of Item 77 of the word of "readiness of on-site and intra house networks and the equipment of object for connection (accession) and acceptance of hot water" shall be replaced with words "accomplishment of conditions on connection (accession)";

k) state Item 83 in the following edition:

"83. The capital construction project is considered connected (attached) to centralized system of hot water supply from signature date by the parties of the act of connection (accession) of object to which the contractor confirms technical readiness of objects of centralized system of hot water supply for connection (accession) of object and completion of actions for connection (accession) of on-site and (or) intra house networks and the equipment of the connected (attached) object for water supply systems and also to which agreement parties about connection (accession) confirm accomplishment of agreement obligations about connection (accession) and perform differentiation of balance sheet accessory and operational responsibility.".

2. In the order of the Government of the Russian Federation of July 29, 2013 No. 643 "About approval of standard agreements in the field of hot water supply" (The Russian Federation Code, 2013, No. 32, the Art. 4305):

a) in the standard agreement of hot water supply approved by the specified resolution:

state Items 2 and 3 in the following edition:

"2. Borders of balance sheet accessory of objects of the closed centralized system of hot water supply of the subscriber and the organization performing hot water supply, and operational responsibility of the specified objects are determined according to the act of differentiation of balance sheet accessory and operational responsibility provided by appendix No. 1.

3. The act of differentiation of balance sheet accessory and operational responsibility provided by appendix No. 1 to this agreement is subject to signing in case of the conclusion of this agreement and is its integral part.";

state Item 36 in the following edition:

"36. The responsibility of the organization, performing hot water supply, for quality of the pumped hot water is determined to limit of operational responsibility by objects, including by networks of hot water supply of the subscriber and the organization performing hot water supply according to the act of differentiation of balance sheet accessory and operational responsibility provided by appendix No. 1 to this agreement.";

to state appendix No. 1 to the specified agreement in the following edition:

"Appendix No. 1

to the standard agreement of hot water supply (in edition of the Order of the Government of the Russian Federation of June 29, 2017 No. 778)

Act of differentiation of balance sheet accessory and operational responsibility

___________________________________________________________________________

                                          (name of the organization)

the hereinafter referred to as organization performing hot water supply

on behalf of ___________________________________________________________________,

                            (name of position, surname, name, middle name)

acting on the basis of the ________________________________________________,

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