Control and Revision Office of Ukraine announced the results of their research on the cost of tariffs for housing and communal services in Kiev. According to him, 60% of the value consists of the overhead housing and maintenance services without the provision of services. Told the head GlavKRU Peter Andreev edition of The Mirror of the week. Ukraine. The fact that tariffs are unrealistic, feel ordinary Ukrainians, not seen on a monthly payment system with shokriruyuschimi sums, and the appearance of these documents amounts of debt. They settle in ZhEKah presidential decree for the recovery of debts since 1996. However, lawyers deny the fact that such a requirement. Victoria Boiko for the site UBR.UA "Please be advised that this Ordinance does not provide charging a debt for the period from 1996 to 2010 inclusive," - said Anton Sintsov lawyers association. Entangled tariff increases, however, Ukrainians still confused. Stretched in time periodic lifting of tariffs hinders accurate estimates of the monthly cost of housing and communal services. How and enjoy communal structure. In the settlement sheets of ordinary citizens appear something insanely inflated amount, any debt, and understand how their assessed fines. Even if the delays in payment has not been. "What do I need to pay attention to ordinary citizens?" If you have a contract signed with the housing and communal structures or OSBB a ogranizatsiey, which performs the service, it is necessary to look carefully at the items, which dealt with the terms of payment and responsibility for the untimely payment, "- complements colleague Olga Prosyanyuk, head of the Judicial Department lawyer association. If the contract does not contain any relevant items of the contract or not at all, to control the appearance of excess amounts will be heavier. The main thing - be careful. And in case of occurrence in the payment of sums of unexplained - do not pay unconditionally upon receipt of invoice, the money did not go to unknown accounts, and quickly ask for clarification. As an example - getting Kyivers letters demanding to pay off debts 10-year old. What is the reason for this - it is not clear, say lawyers. "According to the same Presidential Decree, charging and collection of fines for late payment of utility services can only happen from the beginning of 2011. Until January 1, 2011 no accrual of penalties may not be. Only if the indebtedness since January 2011, - Stresses Anton Sintsov. The emergence of a legitimate appearance of fine fine parliamentarians approved last winter. But still not been prescribed any mechanism for its calculation, either the size. Therefore, must be guided by existing rules. This paper is number 20 of the law "On housing and communal services, and item number 23 of the Rules provide services to supply hot and cold water. Both documents clearly defined one: accrual of penalty should be provided or contract or law. "The logical step would be to continue the special rate, a special law predumotret terms of payment and responsibility for violations. Unfortunately, we do not have this mechanism. Yes, we were told that in 2011 we started such a procedure. But does not say how this procedure should be carried out ", - says Olga Prosyanyuk. "Today there is a question that should immediately amend 20 articles of the law of Ukraine" On ZHKHU. "And then - the rules of centralized heating and supply of hot and cold water," - emphasizes Anton Sintsov Ukrainian law clearly defines: if special rules are not prescribed, then apply the rules governing similar violations. Therefore, for late payment of utility services may be assessed a penalty in accordance with the general rules of the Civil Code. In particular, it stipulates the use of double rate of National Bank and the accrual of 3% per annum for a certain amount in case of delay, and use other people's money. "If you do not get paid ZhEKu, according to the payment order, it turns out that you like to use his money. Then there may be legal grounds for ZhEKov petition the court on recognition of the debt amount owed provided housing services. And, accordingly, accrued interest. A housing office, did not get their money, are eligible to apply to recover from a negligent tenant 3% per annum, - says Olga Prosyanyuk. 3% per annum, mainly due to lack of accrued between sobsvennikom apartments and ZhEKom or OSBB treaty. But smart managers ZhEKov manage to register in the contract and a penalty by tying it to the rate of National Bank, and an additional 3%. They can not just change the timing of debt collection. Left time to try to return the debts through a court can only be for 3 years from the date of their appearance. A claim accrued penalty, generally, can only be for one year. "We have a general provision of the Civil Code, which says that the statute of limitations on the foam sostatlyaet no more than one year. So, if in 2006 you did not pay - that's all. A year has passed - and the foam to the tenant no longer have the right to sue to recover the debt. Moreover, one can only recover the debt for the last 6 months "- sums up Olga Prosyanyuk. If tenants do not agree with the amounts assessed, lawyers are advised not to delay the case. And just writing to seek clarification from the housing office and in parallel to the line ministries. To get the support of the established tariffs. The answer must be in writing. Then the paper can be used in court.
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