Approaches to eliminate the debt of the population for housing and communal services

Problems in the housing and communal sector of Moscow. Reasons for non-payments and arrears for utilities and maintenance of premises in apartment buildings. Resolution of the issue of payment for utility services by executive, legislative authorities.

Рубрика Государство и право
Вид статья
Язык английский
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Saint-Petersburg state university of economics (Russia, Saint-Petersburg)

Approaches to eliminate the debt of the population for housing and communal services

D.V. Rybakova, student

Abstract

Currently, one of the major problems in the housing and communal services in Moscow is the problem of non-payments and arrears for utilities and maintenance of premises in apartment buildings. The solution of this issue requires joint efforts of the executive and legislative authorities both at the federal level and at the level of the constituent entities of the Russian Federation.

Keywords: housing and communal sphere of life, non-payments, debts, utilities.

communal payment executive legislative

Аннотация

ПОДХОДЫ ПО УСТРАНЕНИЮ ЗАДОЛЖЕННОСТИ НАСЕЛЕНИЯ ЗА ЖИЛИЩНО-КОММУНАЛЬНЫЕ УСЛУГИ

Д.В. Рыбакова, студент

Санкт-Петербургский государственный экономический университет

(Россия, г. Санкт-Петербург)

В настоящее время одной из серьезных проблем, существующих в жилищно-коммунальной сфере Москвы, является проблема неплатежей и задолженности за коммунальные услуги и содержание помещений в многоквартирных домах. Решение данного вопроса требует совместных усилий органов исполнительной и законодательной власти, как на федеральном уровне, так и на уровне субъектов РФ.

Ключевые слова: жилищно-коммунальная сфера жизни, неплатежи, задолженность, коммунальные услуги.

The relevance of the research topic. Currently, the debts of the population for payment of utility bills is the most common type of debt in the relationship between management companies, supplying energy organizations and consumers of services.

Work to reimburse debts of the population for payment of UTILITY SERVICES has always been a fairly hot topic. The reform processes taking place in Russia, as a rule, did not address the problem of raising the level of collection of payments for the services provided.

Amount of debt for the UTILITY SERVICES in Russia following the results of 3 quarter 2014 year totaled 933 billion rubles. From 1 January, the index increased by 14 percent, or 117 billion rubles. But on May 1, 2015-year duty Russians for HCS was 1,025 trillion rubles - trillion threshold is overcome.

Normative-legal base work with debt for students in Russia. Relationships related to payment of utility bills and debt collection on them, are determined by the following legislative and regulatory base:

1. During that period, the procedure for granting and payment of utility services was governed by the rules of section VII (articles 153-160) of the housing code of the Russian Federation (hereinafter referred to as the LCD) and other federal laws, contain special rules on the provision of public services, the Civil Code of the Russian Federation (hereinafter-CC RF) [1].

2. The obligation of the owner to bear the burden of content, the property belonging to him and to pay for public utilities is set by the law and does not depend on the opinion of the management contract with the managing organization [2].

3. The presence of the administering Organization owed to supplying energy organizations shall not relieve the owner of the residential premises from the requirement to make statutory fee for services rendered [3].

Thus, addressing the Court, managing organization must prove two things.

The first is the fact of incurring the managing organization costs related to the management and maintenance of the multi-family homes (execution of works on the proper maintenance of premises in the House, the provision of public services, etc.).

The second fact that the management company will have to prove is the existence of the respondent have arrears of payment for dwelling and communal services. The administering organization could confirm it by submitting to the Court an extract from a personal account through the apartment, combined statements of charges and payment for accommodation, utilities and other services.

Types of debt for the UTILITY SERVICES.

Non-payment (debt) are full and partial: «Under incomplete payment of communal services consumer refers to the availability of consumer debt on payment of communal services 1 in an amount exceeding 2 monthly fees for communal service» [4]

If the consumer does not pay completely all types of performer consumer utilities, the artist expects consumer debt for each type of communal services.

If the consumer pays in part provided by executor of utilities and maintenance services for residential premises, the artist divides the resulting from the user fee among all specified in the payment document kinds of public services and pay for the maintenance and repair of dwelling in proportion to each card specified in the payment document.

Causes of debt formation among the population.

With a view to developing adequate interventions to reduce and prevent the debt of the population and making the right decisions to impose sanctions on debtors it is advisable to undertake a comprehensive analysis of the types of debts and the reasons for non-payment for UTILITY SERVICES by the population:

- unemployment;

- disease;

- continuous improvement of established sizes of fees (salary remains at the same level);

- late payment of wages;

- the lack of control and constant demands on the part of officials and persons having managerial functions to collect mandatory fees;

- non-application of penalties-penny;

- conflicts with the Criminal Code (CRIMINAL CODE, for example, refuses to perform a recalculation of payments);

- providing low-quality utilities and maintenance;

While statistics in Russia charges for UTILITY SERVICES the average citizen to receive the average salary and living in an apartment up to 60 -80 sq. m in a typical area of town houses with wear no more than 50% 16.6%.

The most dangerous moment in the work with debtors-individuals is their transition from late payment of compulsory payments to the systematic non-payment. This category of non-paying customers the hardest.

How to deal with debtors?

1. With the defaulters must be fought the next day after payment.

2. The discipline of payments is in direct dependence on the threat of imminent punishment

3. If the question arises family to pay or not to pay within the specified period, it must under penalty to choose only one option-to pay. And to do that they must feel a threat [5].

As an additional method of combating violation of payment discipline in the housing sphere can be considered subsidies to pay for dwelling and communal services.

Such as the appointment and service providing monthly compensation for the reimbursement of payment for dwelling and communal services to families with many children, provided a large family before reaching the age of the youngest child 16 years (studying in educational institution implementing educational programs, -up to 18 years) [6].

Debt management analysis of the population for utility services in the city of Moscow.

From it can be concluded that the failure of the APP is «evil» with which to fight back in its inception phase. During this combat CC and homeowners ` associations employ a variety of methods by unscrupulous tenants:

- placement of the lists of debtors on entrances: this measure aims to provide rather psychological pressure on tenants, with debts;

- retail debtors;

- charging a penalty to debtors: tenants, untimely and not fully paid utilities must pay the fine at the rate of 1/300 of the Bank of Russia refinance rate for each day of delay;

- restriction and suspension of utilities: defaulters may be deprived of water, electricity, or install to a specific location on the stub of the riser.

The most radical measure to recover the debt is eviction from the apartment of the debtor. This measure applies only to date against employers apartments under the Treaty social and employment only by a court order, while the amount of indebtedness plays no role, the grounds for eviction is non-payment without good reason payments for dwelling and communal services for more than 6 months. The debtor is evicted, giving him another dwelling, on the basis of the norms of coexistence, i.e. the rate of not less than six square meters of living space per person [7].

Conclusion

In the work on debt repayment, it is advisable to start with targets-to change the priorities of the citizens in the distribution of expenditure of the family budget. It is obvious that the inhabitants of our country pay UTILITY SERVICES is far from paramount, while it should be a priority, as well as the acquisition of products and credit repayment.

When this foremost management companies should emphasize not at reducing debt and on building sustainable among the population awareness of the need to pay for UTILITY SERVICES on time and in full.

In General, to improve the situation should be guided by the 2 basic principles: the principle of the debt within the legal framework and the principle of work with residents (a number of activities aimed at «nurturing» tenants in part payment discipline).

References

1. «The housing code of the Russian Federation from 29.12.2004, N 188-FZ (ed. by 28.12.2016) (ALT. and Add., buy-in force since 01.01.2017)

2. Appeals the determination of the Moscow City Court of 30.10.2014 case N 33-33048

3. Definitions of appeal the Moscow City Court of 16.12.2014 case N 33-47161, from 16.12.2014 on the case N 33-46007

4. Russian Federation Government resolution dated 06.05.2011 N 354 (ed. by 26.12.2016) «on the provision of public services to owners and users of premises in apartment buildings and houses»

5. Belkin Etc. from strategic planning to strategic urban governance: problems and solutions//problems of forecasting No. 6, 2014. - P. 60-70.

6. State and municipal finance: textbook/under the editorship of Prof. S. Lushina, Prof. V.a. Slepova.-m.: Economist, 2006.

7. Management of municipal management and local finances. Edited by A.n. Shirokova. M.: RNCGMU, 2004.

8. Reshaping Economic Geography. World Development 2009. The World Bank, 2009.

9. Sassen S. The Global City. Princeton University Press; 2nd edition. 200.

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