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Decision of the constitutional Court of the Russian Federation from 10.07.2018 No. 30-P "On business about check of constitutionality of part 1 of article 157 of the Housing code of the Russian Federation, paragraphs third and fourth of paragraph 42(1) of the Rules of granting of utilities to owners and users of premises in apartment houses and houses in connection with the complaint of citizen S. N. Demenza" interrelated statutory provisions contained in part 1 of article 157 of the housing code and the third paragraph of paragraph 42(1) of the Rules of granting of utilities to owners and users of premises in apartment houses and homes were inconsistent with the Constitution of the Russian Federation, its articles 17 (a part 3), 19 (part 1), 35 and 55 (a part 3), to the extent that these provisions - in the meaning given to them in the system of applicable legal regulation of the legal practice, - do not provide for the possibility of accounting for readings of individual metering devices of thermal energy in determining the amount of payment for communal service on heating in an apartment building, which is under commissioning, including after overhaul, in accordance with regulatory requirements was equipped with a collective (house) device of the account of thermal energy and of residential and non-residential premises which were equipped with individual metering devices of thermal energy, but their safety in some areas was not provided.
the Draft Federal law "On amendments to article 157 of the Housing code of the Russian Federation" proposed to give the Russian Government the authority to establish procedures for determining payment for utilities in apartment buildings are equipped with collective (house) a metering device in which not all the rooms are equipped with individual and (or) General (flats) metering devices, taking into account the testimony of the latter.
Thus, the owners - the consumers of heat energy will be able to pay for the services of a heat supply with individual meters, even if not all owners of apartment buildings have installed individual metering of heat energy.
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