Everything about the power supply of snt and gardeners. ads

Through its professional activity As a lawyer, I repeatedly have to deal with legal issues related to the disconnection from electricity of non-payers of contributions in gardening partnerships and related law enforcement judicial practice.

I would like to describe in detail the situation in general, its legal regulation and the prevailing judicial practice in this article.
In any horticultural partnership, unfortunately, there are irresponsible, unscrupulous gardeners who do not want to comply with the laws and the norms and rules adopted in this partnership: the charter, decisions of general meetings, boards.

For some reason, they consider themselves higher, more worthy and smarter than other members of society, and they try to solve their problems at least in some way at their expense, evading payment by themselves of the electricity consumed, membership fees, earmarked fees, etc. decisions taken general meeting of the partnership payments. The arguments of such citizens are always the same, and to the smallest detail: "I don't owe anything to anyone." “I don’t like the decisions made by the general meeting? I will not fulfill them, let them try to force me. “By the way, I won’t go to general meetings - I don’t have the time, and the desire to listen to the problems of society.”

“Increased membership dues? I won't pay, it's all illegal, and in general the chairman will put this money in his pocket. Of course, I have no proof of this, but I still have an opinion. And where do membership fees go if not into the pocket of the chairman?

“I will pay for the consumed electricity in a year or two, they will wait, I have no money now. Or even connect past the meter, let the neighbors pay for me. But you don’t have the right to turn me off, you don’t have the right to violate my rights.” Is this familiar to you?

Preoccupied exclusively with their own rights, with the rights of their neighbors, or with the fact that energy sales will not wait, such citizens do not think, just as they do not think that lack of money undermines the ability of a horticultural society to develop normally, to build roads, to protect the territory of society and gardeners' plots, supply water, and do a lot of other socially useful things.

The other side of the coin is, to put it mildly, the misunderstanding by individual gardeners elected as chairmen of the boards of such horticultural partnerships, their rights and obligations, as well as their role in managing the horticultural partnership. Such chairmen try to solve their personal problems, using the powers given to them by society, settling personal scores with members of the partnership who are personally objectionable to them, with the help of a knife switch.

Solving the problem of non-payments, the impact on unscrupulous members in horticultural societies long time were carried out by the boards according to the principle once voiced in the popular movie: “And if they don’t take it, we’ll turn off the gas!” Power outage in horticultural associations as a way to resolve conflict situations, not being absolutely indisputable from a legal and moral point of view, however, it was and is very effective and, most importantly, simple and accessible, which is a decisive factor for the management bodies of a horticultural partnership.

The reason for such an uncivilized solution of issues is traditionally a frank weakness legislative framework and the position of the state, unwilling to deal with the problems of gardeners. Law "On horticultural, horticultural and country non-commercial
associations of citizens" is frankly weak, not worked out, does not take into account and does not regulate the mass of everyday situations that arise in horticultural societies.

Civilized, i.e. the judicial procedure for influencing non-payers and other violators for the boards of horticultural partnerships still remains difficult, expensive and not always realistically possible. Not every gardening partnership can afford a massive solution to the problems of non-payers by seeking help from a lawyer or lawyer - their services must be paid. In the face of a constant shortage of funds collected in the form of contributions from partnerships, paying for the services of a lawyer remains a luxury for many partnerships. For an independent appeal to the court, certain legal knowledge is required, the presence of which not everyone can boast of.

Considering that the size of the debt of each debtor as a whole is relatively small, as well as the fact that the courts are universally unwilling to recover from the losing party the legal costs of a lawyer in full, which could compensate for the expenses of the partnership, then mass appeals to the court for debt collection is an economically unjustified measure for horticultural associations. It is impossible to accumulate a larger amount of debt for the debtor and only then go to court - the limitation period limits the debt collected by the court to three years prior to going to court. Here it goes on power outages in horticultural associations, as the only real measure of coercion available to gardeners.

However, at present this method gives serious failures. The state, represented by the courts, at the expense of conscientious and law-abiding gardeners, generously pardoned unscrupulous citizens, forbidding gardening associations to turn them off for non-payment of fees or theft of electricity.

Judicial practice on this issue, in most cases, unambiguously and completely adheres to the position that horticultural partnerships, as a coercive measure, are not entitled to turn off electricity to both their members and citizens engaged in gardening, horticulture or dacha farming on the territory of the partnership on an individual basis, who do not want to to conclude an agreement with the partnership for the use of the infrastructure of the partnership.

However, the legal position of the courts on this issue can not always be called perfect and consistent with the law. Most of the judicial acts on the subject, including those that I will specifically quote below, can be characterized by the phrase: "some in the forest, some for firewood." What only the courts do not refer to in their decisions, recognizing actions of horticultural associations to turn off
electricity illegal and obliging them to restore the power supply. And some courts, in the motivational parts of their decisions, in fact, do not draw any conclusions at all, simply listing a set of normative acts that are not related to the problem.

Studying judicial acts on this issue, one gets the impression that the justifications and conclusions are simply adjusted to a previously known
result. Thus, after analyzing several dozen court decisions on disputes on power outages in horticultural associations, I would like to dwell in more detail on the judicial arguments by which the courts are guided in
decision making.

1. “Federal Law No. 66-FZ of April 15, 1998 “On horticultural, horticultural and dacha non-profit associations of citizens”, not
provides for the right of the governing bodies of the partnership to deprive members of the partnership of the opportunity to use electricity, even if a member of a garden society has a debt in paying membership fees. (The following quotes are in italics).

Appeal ruling of the Judicial Collegium for Civil Cases of the Novosibirsk Regional Court No. 33-3437/2015 dated April 28, 2015 in case No. 33-3437/2015: "The provisions of Art. Art. 21, 22, 23 of the Federal Law N FZ-66 of April 15, 1998 "On horticultural, horticultural and summer non-profit associations of citizens" defines the scope of powers of the general meeting, the board and the chairman of the board of the horticultural partnership, from which it does not follow that the competence of the governing bodies horticulture includes issues of connecting to electricity and cutting off the supply of electricity.

Other courts draw similar conclusions:
- Decision of the Yemelyanovsky District Court of the Krasnoyarsk Territory dated 11.11.2013. in case No. 2-3184/2013: “The provisions of Article 21 of the Federal Law-66 regulate issues related to the competence of the general meeting. According to subparagraph 1 of paragraph 1 of this article, the competence of the general meeting of members of a horticultural, horticultural or dacha non-profit association includes setting the amount of penalties for late payment of contributions, changing the deadlines for making contributions by low-income members of such an association, approving the income and expenditure estimate of such an association and making decisions on their performance and more. The norm of this article does not provide for the right of the general meeting to make any decisions on shutting off, cutting off the supply of electricity or
decision to refuse connection of electricity”.

The decision of the Volokolamsk City Court of the Moscow Region dated December 14, 2010: “In accordance with clause DD.MM.YYYY of the Charter of the SNT“, it is provided that non-payment of membership fees is the basis for disconnecting the non-payer from the power supply network. Meanwhile, this provision of the Charter contradicts the provisions of Article 21 of the Federal Law “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens”, which refers to the competence of the general meeting of the partnership to establish the amount of penalties for late payment of contributions. At the same time, the aforementioned law does not provide for compulsion to pay membership fees by cutting off electricity.”

Decision of the Dzerzhinsky District Court of Novosibirsk dated 11.06.2014 in case No. 2-1721/14: “At the same time, according to articles 21, 22, 23 of the Federal Law of the Russian Federation “On horticultural, horticultural and dacha non-profit associations of citizens”, the competence of the general meeting and the horticulture board, as well as the powers of the chairman of horticulture, do not include issues of connecting and cutting off the supply of electricity.Under such circumstances, the current legislation does not provide for the possibility for a horticultural non-profit partnership to take actions to shut down garden plots from electricity as a sanction for incorrect connection.

The decision of the Central District Court of Novosibirsk dated 21.05.2015 in case No. 2-3208/2015: “In accordance with the norms of this law, the management bodies of the partnership have no right to deprive members of such an association of the opportunity to use electricity. Even if the gardener has debts to pay contributions, the right to cut off electricity from the management and chairman of the SNT, no».

Decision of the Novosibirsk District Court of the NSO dated 24.06.2014 in case No. 2-1634/14: “In addition, the provisions of Art. Art. 21, 22, 23 of Federal Law No. 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens" defines the scope of powers of the general meeting, the board and the chairman of the board of the horticultural partnership, from which it does not follow that the competence of the company's management bodies includes issues of connecting to electricity and power cuts.

The decision of the Central District Court of Novosibirsk dated May 21, 2015 in case No. 2-3208/2015 and the Appellate Ruling of the Novosibirsk Regional Court dated July 30, 2015 in case No. 33-6468/2015: “The activities of horticultural non-profit partnerships are regulated by the Federal Law dated DD.MM.YYYY No. “On horticultural, horticultural and dacha non-profit associations of citizens.” According to Art. 16 p. 4 No. "On horticultural, horticultural and country non-profit associations of citizens" in the Charter of the SNT measures of influence inthere is no power outage. In accordance with the provisions of this law, the management bodies of the partnership there is no right to deprive members of such an association of the opportunityuse electricity. Even if the gardener has payment debtscontributions, the right to cut off electricity from the management and the chairman of the SNT,No. They only have the right to apply on behalf of such an association with a statement of claim for the recovery of debt.

In this case, the courts expressly refuse supreme body management of the horticultural partnership - the general meeting, has the right to decide the issues of connecting its members to electricity (a paradox, but based on this conclusion of the court, a gardener disconnected from electricity has no legal grounds for connecting and consuming electricity) and cutting off the supply of electricity, referring to the provisions of the law " On horticultural, horticultural and dacha non-profit associations of citizens.

However, if the norms of the law are not adjusted to the predetermined known result, and carefully read the provisions of paragraph 21 of part 1 of article 21 of the law, which defines issues that the law refers exclusively to the competence of the general meeting of the horticultural partnership, then
you can also see the following: “the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized persons) has the right to consider any issues related to the activities of such an association and make decisions on them.” The specified norm means that the list of issues attributed by law to the jurisdiction of the general meeting of the horticultural partnership is not closed, exhaustive, and is not limited to the powers listed in Article 21.

Well, it is impossible to take into account and prescribe everything for all occasions. Considering that the issues of connecting citizens (both members of the partnership and citizens engaged in gardening individually on the territory of the partnership) to electricity on the territory of the horticultural partnership to the electricity networks owned by the partnership, as the common property of gardeners in the partnership, and stopping the supply of electricity to them is an issue activities of the partnership, it follows that the adoption by the general meeting of the partnership of a decision to turn off the electricity cannot be called illegal including as a measure of coercion.

According to part 4 of article 16 of the law “On horticultural, gardening and country non-profit associations of citizens”, “in the charter of a gardening, gardening or country non-profit association in without fail the following shall be indicated: the grounds and procedure for exclusion from membership of such an association and the application of other measures of influence for violation of the charter or internal regulations of such an association”, the partnership has the right to provide for such a measure of influence as disconnection from partnership communications.

These conclusions are confirmed by already opposite judicial practice:
- Appellate ruling of the Judicial Collegium for Civil Cases of the Moscow Regional Court dated 22.01.2004. in case N 33-139: “In addition, the aforementioned Law allows for the possibility of depriving a citizen of the right to use infrastructure facilities, and, consequently, connected networks of electricity, gas and water supply. However, if for persons conducting gardening or gardening individually, this measure follows from the law, then in relation to members of a gardening partnership, such a measure should be enshrined in the Charter, because the obligations of a member of a gardening partnership include paying membership and other fees provided for by law and the charter of the partnership , taxes and other payments. Failure to fulfill the duties assigned to a member of the partnership may lead to his exclusion from the partnership with the consequences provided for individual users, i.e. refusal to conclude an agreement on the use of the relevant objects and deprivation of the right to use such objects may follow. Since exclusion from the partnership is still an extreme measure, it is obvious that such a measure of influence as deprivation of the right to use electricity, water supply, etc. can be used against members of the partnership. with the possibility of restoring this right after paying off the debt. In this regard, the panel of judges cannot agree with the conclusion of the court on the illegality of the decision of the general meeting and the actions of the board to disconnect the plaintiff's site from the power supply.

By the decision of the Dzerzhinsky District Court of Novosibirsk dated May 18, 2015 in case No. 2-1334/2015: “Article 21 of the Federal Law of the Russian Federation “On horticultural, gardening and dacha associations of citizens” gives broad powers to the general meeting of members of associations, without establishing any restrictions on the competence of the general meeting. So paragraph 18, paragraph 1, Art. 21 of the Federal Law of the Russian Federation "On horticultural,gardening and countryassociations of citizens" authorizes the general meeting (meeting of authorized persons) to consider any issues related to the activities of such an association and make decisions on them. Thus, the decisions taken by the general meeting of SNT “B” to cut off electricity for the winter period from November 1 to April 20 do not contradict the current legislation; those decisions have not been overturned andnot invalidated."

As you can see, it is enough to write the possibility of power outage for non-payment of contributions in the charter of the gardening partnership. These judicial acts directly contradict the previous judicial acts cited above. However, unfortunately, at present the courts are guided by the opinion expressed in the first judicial acts.

2. "The horticultural partnership is not an energy supply organization, and the members of the partnership are not sub-subscribers." This conclusion was made in the Appellate ruling of the Judicial Collegium for Civil Cases of the Novosibirsk Regional Court No. 33-3437/2015 dated April 28, 2015 in case No. 33-3437/2015: “From the above norms in their totality, it follows that only the energy supply organization (guaranteeing supplier) has the right to stop and limit the supply of electricity and only incases and in the manner provided for by law.

In support of this conclusion, the court refers to the articles of Chapter 30 of the Civil Code of the Russian Federation “Energy Supply”. According to part 1, part 2 of article 539 of the Civil Code of the Russian Federation, under an energy supply agreement, an energy supply organization undertakes to supply energy to the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy, as well as comply with the mode of its consumption stipulated by the agreement, ensure the safety of operation of those under its jurisdiction energy networks and the serviceability of the devices and equipment used by him, related to energy consumption.

The energy supply contract is concluded with the subscriber if he has a person who meets the established technical requirements power receiving device connected to the networks of the power supply organization, and other necessary equipment, as well as when accounting for energy consumption. According to Part 1 of Article 540 of the Civil Code of the Russian Federation, in the case when a citizen using energy for domestic consumption acts as a subscriber under an energy supply agreement, the agreement is considered concluded from the moment the subscriber is first actually connected in the prescribed manner to the connected network. Unless otherwise provided by agreement of the parties, such an agreement is considered concluded for an indefinite period and may be changed or terminated on the grounds provided for in Article 546 of this Code. According to Article 545 of the Civil Code of the Russian Federation, a subscriber can transfer energy received by him from an energy supply organization through an attached network to another person (sub-subscriber) only with the consent of the energy supply organization.

According to Part 2 of Article 543 of the Civil Code of the Russian Federation, in the event that a citizen using energy for domestic consumption acts as a subscriber under an energy supply agreement, the obligation to ensure the proper technical condition and safety of energy networks, as well as energy consumption meters, rests with the energy supply organization, unless otherwise established law or otherwise legal acts.

According to Part 2 of Article 546 of the Civil Code of the Russian Federation, a break in the supply, interruption or restriction of the supply of energy is allowed by agreement of the parties, except in cases where the unsatisfactory condition of the subscriber's power plants certified by the state energy supervision body threatens an accident or poses a threat to the life and safety of citizens. The power supply organization must warn the subscriber about a break in the supply, termination or restriction of the supply of energy.

As you can see, the Civil Code of the Russian Federation regulates energy relations between the power supply organization and the subscriber (consumer). But is a horticultural partnership an energy supply organization? Arbitrage practice
clearly says that it is not. Moreover, this conclusion is the main one in court decisions, according to which, the courts recognize blackouts by horticultural associations illegal. In addition to the judicial act already cited at the beginning, other judicial acts also speak of this.

So, for example, in the Decision of the Emelyanovsky District Court of the Krasnoyarsk Territory dated November 11, 2013 No. in case No. 2-3184/2013. it says the following:
"Besides, SNT is not an energy supply organization or a public service provider. Based on the foregoing, the court considers that SNT "Veteran-3" - "Vozrozhdenie", not being an energy supply organization, in the absence of an agreement concluded in accordance with paragraph 2 of article 8 of the Federal Law "On horticultural, gardening and country non-profit associations of citizens" for the use of infrastructure facilities of the partnership, which grants the right to SNT to deprive a citizen leadinggardening on an individual basis, the right to use infrastructure facilities in the presence of certain circumstances, the rights to disconnect the plaintiff's land plot from the power supply did not have, and the decision taken by the general meeting on June 30, 2013 on the possibility of such a disconnection does not comply with current legislation, in particular, paragraphs. 2, 3, Article 546 of the Civil Code of the Russian Federation, within the meaning of which only the energy supply organization has the right to stop the supply of electricity in cases specified by law.

In the decision of the Novosibirsk District Court of the NSO dated June 24, 2014. in case No. 2-1634/14, the court stated that: "SNT" Aist "is not an energy supply organization in relation to the plaintiff, and therefore, has no right to prevent the flow of electrical energy through its networks to the plaintiff's land."

In the Appeal Ruling of the Novosibirsk Regional Court dated July 30, 2015 in case No. 33-6468/2015, the court stated that: “From the above norms in their totality, it follows that only the energy supply organization (guaranteeing supplier) has the right to stop and restrict the supply of electricity and only in cases and in the manner prescribed by law.” "According to the case file SNT "Ranetka" in relation to the UEP is not an energy supply organization».

However, this logic has a serious contradiction with the law. After all, if a horticultural partnership is not an energy supply organization, then what does Chapter 30 of the Civil Code of the Russian Federation “Energy Supply” have to do with it and its members, as well as citizens who conduct horticulture, horticulture or dacha farming on an individual basis? If, according to Article 539 of the Civil Code of the Russian Federation, it is the energy supply organization that has the right to conclude energy supply contracts. In this case, are the consumption relations paid by the horticultural partnership - the energy supplying organization of electricity, members of the horticultural partnership and citizens who individually conduct horticulture, gardening or dacha farming through the networks of the horticultural partnership - an energy supply agreement?

Based on the interpretation of the norms of Chapter 30 of the Civil Code of the Russian Federation, no, they are not, and cannot be. Consequently, Chapter 30 of the Civil Code of the Russian Federation “Energy Supply” cannot regulate relations between a horticultural partnership and its members, as well as citizens engaged in gardening, horticulture or dacha farming on an individual basis.

The courts, despite the fact that they do not consider horticultural partnerships as energy supply organizations, nevertheless, consider that horticultural partnerships are subject to all the obligations of an energy supply organization, but not the rights provided for by the Civil Code of the Russian Federation, which is a rather strange logic.

So, for example, in the Decision of the Novosibirsk District Court of the NSO dated 01.08.2007. in case No. 2-825/07. stated: “There is a residential building on the plaintiff's site, which was electrified in November 2006 by the plaintiff by contacting the defendant and connecting the electricity to the defendant's electrician. That. there is a fact of conclusion between the plaintiff and the defendant of an energy supply agreement (Article 539, Part 1, Article 540 of the Civil CodeRF). “The energy supply agreement is considered concluded between the parties in this case for an indefinite period (due to the absence of an agreement between the parties on a different period of its validity) and can be changed or terminated on the grounds provided for in Article 546 of the Civil Code of the Russian Federation. Article 546 of the Civil Code of the Russian Federation establishes that a break in the supply, interruption or restriction of the supply of energy is allowed by agreement of the parties, except in cases where the unsatisfactory condition of the subscriber's energy installations certified by the state energy supervision body threatens an accident or creates a threat to the life or safety of citizens. The power supply organization must warn the subscriber about a break in the supply, termination or restriction of the supply of energy. The possibility of interrupting or restricting the supply of electricity without the consent of the subscriber due to a violation of his obligation to pay for electricity is allowed only in relation to subscribers - legal entities(part 2 of article 546 of the Civil Code of the Russian Federation). Article 547 of the Civil Code of the Russian Federation establishes the liability of the parties for non-fulfillment or improper fulfillment of obligations under the contractenergy supply in the form of the obligation of the party that violated the obligation to compensate for the real damage caused by this (part 2 of article 15 of the Civil Code of the Russian Federation). That. even if the plaintiff had a debt to pay for electricity, the defendant had no right to stop or restrict the supply of electricity to her.”

In the ruling of the Krasnoyarsk Regional Court dated December 26, 2014. in case No. 4G-2819/2014, the court stated that: “Considering the stated claims, the court of first instance, with which the court of appeal agreed, reasonably guided by the provisions of Art. 304, 305, 539, 540, 546 of the Civil Code of the Russian Federation, as well as taking into account the provisions of the Federal Law "On horticultural, gardening and country non-profit associations of citizens" dated April 15, 1998 No. 66-FZ, taking into account the above circumstances, came to the rightful conclusion on the satisfaction of the claims and imposing on the defendant the obligation to restore the power supply to the land plot belonging to the plaintiff, the disconnection of which was made by the defendant illegally whenhe does not have the authority of the energy supply organization to interrupt the supply, interrupt or limit the supply of energy, since each of the owners of land plots located in this garden society, using energy for domestic consumption, is a subscriber under an energy supply agreement by virtue of the requirements of Art. 540 of the Civil Code of the Russian Federation, and a break in the supply, termination or restriction of the supply of energy is possible only by the energy supply organization.

In the ruling of the Krasnoyarsk Regional Court dated March 26, 2015. in case No. 4G-682/2015, the court stated that: “Resolving the requirements regarding the recognition of illegal actions of SNT “Stroitel-22” and imposing the obligation to eliminate the admittedviolations, the court, guided by the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, approved by Decree of the Government of the Russian Federation of December 27, 2004 No. 961, proceeded from the fact that SNT "Stroitel-22" is not an energy supply organization, as well as the absence the grounds provided for by the current legislation, relatedwith the need for the energy supplier to take urgent measures to prevent or eliminate the accident, to completely cut off the power supply. Under such circumstances, the court rightfully recognized as illegal the actions of the defendant to introduce a complete restriction of the mode of consumption of electrical energy on the land plot of the plaintiff.

These conclusions of the courts fundamentally contradict both the provisions of the Civil Code of the Russian Federation and common sense. No energy supply agreement between the horticultural partnership and its members, as well as citizens engaged in horticulture, horticulture or
dacha farming on an individual basis, it cannot be concluded. An energy supply agreement is concluded between a horticultural partnership, which acts as a subscriber under this agreement, and an electricity supplier - an energy supply organization. It is possible to conclude such an agreement between members of the partnership, as well as citizens engaged in gardening, horticulture
or a dacha economy on an individual basis and by an energy supply organization, through the energy networks of a gardening partnership or other networks.

The impossibility of concluding an energy supply agreement between horticultural partnerships and its members, as well as citizens engaged in horticulture, horticulture or dacha farming on an individual basis, is confirmed
by the conclusion of the Federal Arbitration Court of the Central District of September 28, 2005 in case No. A14-2686-2005/106/12: “As the arbitration court correctly pointed out, SNT Parusnoye is a non-profit organization, as a result of which it cannot be attributed to an energy supply organization engaged in power supply activities in relation to everyone who applies to it. Thus, the arbitral tribunal came to a reasonable conclusion that the contract, for the compulsion to conclude which the claim was filed, does not meet the criteria of a public contract, therefore the plaintiff has no legal grounds to demand its conclusion.

Or the conclusion contained in the Newsletter of Judicial Practice in Civil Cases of the Arkhangelsk Regional Court for the first quarter of 2013: “The court of appeal overturned the decision of the court of first instance and dismissed the claims for the recovery of monetary compensation for moral damage and a fine, stating the following. It follows from the materials of the case that the relations of the parties are not based on a reimbursable contract, SNT does not provide B. paid services on electricity supply and is not an electricity supply organization, the relationship of the parties arose in connection with B.'s membership in SNT (N 33-761 / 2013) ”.

Thus, the norms of Chapter 30 of the Civil Code of the Russian Federation “Energy Supply” do not apply to a gardening partnership, including that only an energy supply organization has the right to allow a break in the supply, interruption or restriction of the supply of electricity to its subscribers and only in cases specified by law. And the relationship between horticultural associations and citizens in terms of consumption and
payments by these citizens paid and received by the gardening partnership as a subscriber from the supplier - the energy supply organization of electricity, do not apply to the energy supply agreement.

3. “Owners or other legal owners of electric grid facilities through which the consumer’s power receiving device is indirectly connected to the electric grids of the grid organization shall not have the right to prevent the flow of energy through their facilities for such a consumer and ask for payment.

In addition, Art. 38 of the Federal Law No. 35-FZ “On the Electric Power Industry” establishes a ban on limiting the mode of consumption of electric energy, including its level, in relation to consumers of electric energy who do not have debts to pay for electric energy and fulfill other Russian Federation and by agreement of the parties to the obligation.

This conclusion is indicated in the decision of the Novosibirsk District Court of the NSO dated June 24, 2014. in case No. 2-1634/14g. The court pointed out that: “Being a different owner of power grid facilities participating in the supply of consumers (gardeners) with electrical energy, a number of rights and obligations established by the current legislation for this subject apply to SNT “Aist”. In accordance with Art. 26 of the Federal Law No. 35-FZ “On the Electric Power Industry”, as well as clause 6 of the Rules for Non-Discriminatory Access to Electricity Transmission Servicesenergy and the provision of these services (approved by Decree of the Government of the Russian Federation dated DD.MM.YYYY No. 861 with subsequent amendments), owners or other legal owners of electric grid facilities through which the consumer’s power receiving device is indirectly connected to the electric grids of a grid organization, do not have the right to interfere with the flow through their energy facilities for such a consumer and demand payment for it. In addition, Art. 38 of the Federal Law No. 35-FZ “On the Electric Power Industry” establishes a ban on limiting the mode of consumption of electric energy, including its level, in relation to consumers of electric energy who do not have debts for paying for electric energy and fulfill other obligations stipulated by the legislation of the Russian Federation and by agreement of the parties.

Restriction of the mode of consumption of electrical energy is introduced only in cases provided for in clause 2 of the Rules for the complete and (or) partial restriction of the mode of consumption of electrical energy (approved by Decree of the Government of the Russian Federation of DD.MM.YYYY No. 442), upon the occurrence of any of the following circumstances:
a) agreement of the parties to the contract for energy supply (purchase and sale (supply) of electric energy (capacity));
b) violation of its obligations by the consumer, expressed in non-fulfillment or improper fulfillment of obligations to pay for electrical energy (capacity) and (or) services for the transmission of electrical energy, services, the provision of which is an integral part of the process of supplying electrical energy to consumers; revealing the fact of the consumer's unmetered consumption of electrical energy; non-fulfillment by the consumer of the terms of the contract relating to ensuring the functioning of relay protection devices, emergency and regime automation, reactive power compensation devices; connection by the consumer to the power receiving devices belonging to him of power-consuming equipment, resulting in a violation of the characteristics of the technological connection specified in the documents on technological connection;

c) certification in accordance with the established procedure of the unsatisfactory condition of electric grid facilities, power plants, power receiving devices of the consumer, which creates a threat to life and health of people and (or) the threat of technological disturbances at these facilities, installations (devices), as well as electric grid facilities of grid organizations ;

d) occurrence (threat of occurrence) of emergency electric power modes;
e) suspension or termination of the fulfillment of the obligations of the consumer under the agreement on joining the trading system of the wholesale electricity and power market;
f) termination of obligations for the supply of electrical energy (capacity) and (or) the provision of services for the transmission of electrical energy in relation to power receiving devices under an energy supply agreement;
g) identification by the guaranteeing supplier of the fact of improper technological connection of the consumer's power receiving devices to the electric grid facilities;
h) the need to carry out repair work at the power grid facilities of the grid organization to which the consumer's power receiving devices are connected, or the need to carry out repair work at the power grid facilities of related grid organizations (other owners of power grid facilities) if such work is impossible without limiting the mode consumption;
i) receipt from the consumer of an application for the introduction of a restriction on the consumption regime in relation to him if the consumer does not have the technical ability to introduce the restriction on his own;
j) violation by the consumer of the restrictions on the consumption regime previously introduced in relation to him.

From the above norms of substantive law, in their totality, it follows that the right to stop and restrict the supply of electricityonly the energy supply organization (guaranteeing supplier) and only in cases and in the manner expressly provided for by law.

The Ruling of the Krasnoyarsk Regional Court No. 4G-2819/2014 dated December 26, 2014 in case No. 4G-2819/2014 states:
“In addition, the interruption of the supply of electricity to the plaintiff was carried out inviolation of the order, established h.h. 2, 3 art. 546 of the Civil Code of the Russian Federation, part 7 of Art.38 of the Federal Law "On the electric power industry" dated March 26, 2003 No. 35-FZ, without
proper notice to the plaintiff of the impending shutdown and without noticeabout the need to repay the debt.

In the cited judicial acts, the courts refer as an argument to the norm of Article 38 of the Law “On the Electricity Industry”, which is called "Guarantees of reliable supply of consumers with electric energy". According to paragraphs 1 and 3 of this article, “Electric power industry entities that ensure the supply of electrical energy to consumers of electrical energy, including
energy sales organizations, guaranteeing suppliers and territorial grid organizations (within the limits of their responsibility) are responsible to consumers of electric energy for the reliability of supplying them with electric energy and its quality in accordance with the requirements of technical regulations and other mandatory requirements. It is prohibited to restrict the mode of consumption of electric energy, including its level, in relation to consumers of electric energy who do not have arrears in payment for electric energy and who comply with other provisions of the legislation of the Russian Federation andby agreement of the parties to the obligation.

However, does this norm govern relations between a gardening partnership and its members or individuals engaged in horticulture, horticulture or dacha farming on an individual basis? This rule refers to the subjects of the electric power industry that ensure the supply of electric energy to consumers of electric energy, energy sales organizations that guarantee suppliers and territorial grid organizations that are responsible to consumers of electric energy for the reliability of supplying them with electricity. But do horticultural associations belong to them?

According to Article 3 of Law No. 35-FZ of March 26, 2003 "On the Electricity Industry", which defines the basic concepts used in this law: "subjects of the electric power industry - persons carrying out activities in the field of the electric power industry, including the production of electric, thermal energy and power, the purchase and sale of electric energy and power, the supply of consumers, the provision of services for the transmission of electric energy, operational dispatch control in the electric power industry, the sale of electricenergy (capacity), organization of purchase and sale of electrical energy and capacity;

electrical energy consumers- persons acquiring electrical energy for their own household and (or) production needs;
energy sales organizations- organizations engaged in the sale of produced or purchased electric energy to other persons as their main activity;
guaranteed supplier of electric energy(hereinafter referred to as the supplier of last resort) - a commercial organization obliged, in accordance with this Federal Law or voluntarily assumed obligations, to conclude a contract for the purchase and sale of electrical energy with any consumer of electrical energy who applied to it or with a person acting on behalf and in the interests of the consumer of electrical energy and wishing to purchase electricity.
territorial network organization- a commercial organization that provides services for the transmission of electrical energy using power grid facilities that are not related to the unified national (all-Russian) electrical grid, and in cases established by this Federal Law - using power grid facilities or part of these facilities included in unified national (all-Russian) electrical network, and which complies with the approved by the Governmentof the Russian Federation on the criteria for classifying the owners of electric grid facilities as territorial grid organizations”.

As can be seen from the above definitions, a horticultural partnership does not belong to any of these organizations.
The horticultural partnership is a non-profit organization, and does not have as its main activity the sale of generated or purchased electrical energy to other persons, respectively, it is not an energy sales organization (which is confirmed by the courts in the above-cited court decisions).

A horticultural partnership, being a non-profit organization, is not obliged to conclude contracts for the purchase and sale of electrical energy with any consumer of electrical energy that has applied to it, as noted above (findings of the Federal Arbitration Court of the Central District of September 28, 2005 in case No. A14-2686-2005 / 106/12: “As the arbitral tribunal rightly pointed out, SNT"Sailing" is a non-profit organization, as a result of which it cannot be attributed to an energy supply organization that carries out electricity supply activities in relation to everyone who applies to it. Thus, the arbitral tribunal came to a reasonable conclusion that the contract, for the compulsion to conclude which the claim was filed, does not meet the criteria of a public contract, therefore the plaintiff has no legal grounds to demand its conclusion..

Accordingly, it is not a gardening partnership and a guaranteeing supplier of electrical energy. According to the definition of a territorial grid organization, cited above, it must comply with the approved by the Government of the Russian Federation
criteria. What are these criteria?

According to the Decree of the Government of the Russian Federation of February 28, 2015 No. No. 184, criteria for assigning owners of objects were approved
power grid economy to territorial grid organizations. These are:

"one. Possession on the right of ownership or on another legal basis for a period of at least the next settlement period of regulation of power transformers used to carry out regulated activities within the administrative boundaries of a constituent entity of the Russian Federation, the total installed capacity of which is at least 10 MVA.

2. Possession on the right of ownership or on another legal basis for a period of at least the next settlement period of regulation of power transmission lines (overhead and (or) cable) used to carry out regulated activities within the administrative boundaries of a constituent entity of the Russian Federation, at least 2 voltage levels from the following levels voltage:
high voltage (HV) - 110 kV and above;
average first voltage (SN1) - 35 kV;
average second voltage (CH2) - 1 - 20 kV;
low voltage (LV) - below 1 kV.

3. Absence for 3 previous settlement periods of regulation of 3 factsapplication by the executive authorities of the constituent entities of the Russian Federation inareas of state regulation of tariffs of reducing coefficients,
allowing to ensure compliance with the level of tariffs established forthe owner of power grid facilities, the level of reliability and qualitygoods supplied and services provided, as well as price adjustments (tariffs),established for a long-term regulatory period, in case of submissionthe owner of electric grid facilities, for which such prices (tariffs)established, unreliable reporting data used in the calculationactual values ​​of indicators of reliability and quality of goods supplied andservices provided, or failure to provide such data.

4. Availability of a dedicated subscriber number for requests from consumers of servicesfor the transmission of electrical energy and (or) technological connection.

5. Availability of an official website in the information and telecommunications network"Internet"".

As you can see, the horticultural partnership, being a non-profit organization and not meeting the specified criteria, is not a territorial network organization.

Thus, given that horticultural partnership is neither an energy sales organization, nor a guaranteeing supplier of electric energy, nor a territorial grid organization, it follows that the norms of Article 38 of the law "On the electric power industry".

3.1. As for the conclusion of the court that the gardening partnership, as another owner of electric grid facilities, participating in the supply of consumers (gardeners) with electric energy, does not have the right to prevent the flow of energy through their facilities for such a consumer and demand payment for this.

According to Article 3 of Law No. 35-FZ of March 26, 2003 "On the Electric Power Industry", electric grid facilities - power lines, transformer and other substations, distribution points and other equipment designed to provide electrical connections and transfer electrical energy.

According to paragraph 1 of the "Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services", approved by Decree of the Government of the Russian Federation No. 861 of December 27, 2004, these Rules define general principles and the procedure for ensuring non-discriminatory access to electricity transmission services, as well as the provision of these services.

According to paragraph 2 of the Rules, " network organizations"- organizations owning, on the basis of ownership or on another basis established by federal laws, electric grid facilities, with the use of which such organizations provide services for the transmission of electric energy and carry out, in accordance with the established procedure, technological connection of power receiving devices (power installations) of legal and individuals to electric networks, as well as exercising the right to conclude
contracts for the provision of services for the transmission of electrical energy using power grid facilities owned by other owners and other legal owners and included in a single national (all-Russian) electrical grid.

According to clause 6 of the Rules, “Owners and other legal owners of electric grid facilities through which indirectly
the power receiving device of the consumer is connected to the electric networks of the grid organization, is not entitled to prevent the flow of electrical energy through their facilities for such a consumer and demand payment for this.

The specified owners and other legal owners of electric grid facilities through which the consumer's power receiving device is indirectly connected to the grid organization's electric grids are entitled to provide services for the transmission of electric energy using the electric grid facilities belonging to them after the tariff for electric energy transmission services is established for them. In this case, the provisions of these Rules provided for grid organizations shall apply to their relations on the transmission of electric energy.

Consumers of services indirectly connected to electric networks pay for electric power transmission services in accordance with guidelines approved by the federal executive body.
authorities in the field of state regulation of tariffs”.

According to paragraph 9 of the Rules, the contract is public and binding for the conclusion of the grid organization.

According to Part 2 of Article 26 of Law No. 35-FZ of March 26, 2003 "On the electric power industry", the provision of services for the transmission of electrical energy
carried out on the basis of a contract for the provision of services. The contract for the provision of these services is public.
However, as mentioned above, the horticultural partnership is a non-profit organization, and does not carry out as a type of activity provision of electricity transmission services and, and, respectively, is not a network
organization. This type of activity is also absent in the charter of the gardening partnership. Moreover, it is characteristic that the courts, considering these disputes, based on the judicial acts cited in this article, did not at all examine the charters of horticultural associations for types of activities.

The actual consumption of electricity by members of the partnership, as well as citizens who are engaged in gardening, horticulture or dacha farming on an individual basis, is carried out through the power grid horticultural partnership, i.e. using the common property of the association.

According to Part 2 of Article 8 of the Law “On Horticultural, Horticultural and Dacha Non-Commercial Associations of Citizens”, citizens individually engaged in horticulture, horticulture or dacha farming on the territory of a horticultural, horticultural or dacha non-profit association have the right to use infrastructure facilities and other common property of a horticultural association. , horticultural or dacha non-profit association for a fee on the terms of contracts concluded with such an association in writing in the manner determined by the general meeting of members of the horticultural, horticultural or dacha non-profit association.

However, the legal nature of such an agreement is completely different from that of an agreement for the provision of services for the transmission of electrical energy and it is not subject to the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services and the norms of Article 26 of Law No. 35-FZ of March 26, 2003. "On the electric power industry", to which the court refers.

The courts also did not find out the facts of the presence / absence of gardeners disconnected from electricity from energy supply contracts concluded with the energy supply organization, although paragraph 43 of the Rules, to which the courts themselves refer, states that: “when connecting to the electrical network, including indirect, and concluding a contract, any consumer of services is assigned the right to receive electrical energy at any time during the validity of the contract within the maximum power specified by the contract, the quality and parameters of which must comply with the requirements of technical regulations and other mandatory requirements established by other regulatory enactments”.

Accordingly, the conclusions of the courts that “the owners or other legal owners of electric grid facilities through which they are indirectly connected to electric networks network organization power receiving device of the consumer, is not entitled to prevent the flow of energy through their facilities for such a consumer and require payment for this”, are not based on the law.

4. “The actions of the former chairman of the SNT “Ranetka” Shabashov V.V. on the illegal disconnection of electricity from the site owned by the plaintiff in the order of inheritance, the court recognizes as illegal, violating the rights of the consumer.

The decision of the Central District Court of Novosibirsk dated 21.05.2015 in case No. 2-3208/2015: “Consumer protection legislation regulates relations between a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal, family, household and other needs not related to entrepreneurial activities, on the one hand, and an organization or an individual entrepreneur producing goods for sale to consumers, selling goods to consumers under a contract of sale, performing work or providing services to consumers under a reimbursable contract, on the other hand. In accordance with Art. 15 of the Law "On Protection of Consumer Rights" moral damage caused to the consumer as a result of a violation by the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation governing relations in the field of consumer protection is subject to compensation by the tortfeasor in the presence of his fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.

According to paragraph 49 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2012 No. “On Consideration by the Courts of Civil Cases on Disputes on the Protection of Consumer Rights” when the court decides on compensation for moral damage to the consumer, a sufficient condition for satisfying the claim is the established fact of violation of consumer rights. The amount of compensation for moral damage is determined by the court regardless of the amount of compensation for property damage, in connection with which the amount of monetary compensation exacted in compensation for moral damage cannot be made dependent on the value of the goods (work, service) or the amount of the penalty to be recovered. The amount of compensation for moral damage awarded to the consumer in each specific case must be determined by the court, taking into account the nature of the moral and physical suffering caused to the consumer, based on the principle of reasonableness and justice.

As I already pointed out in the introduction to this article, what only the courts are not guided by when deciding on these disputes, recognizing the actions of horticultural associations to cut off electricity to debtors,
illegal. Studying judicial acts, what you will not see. Sometimes there are such "conclusions". Meanwhile, they demonstrate complete ignorance of the subject of the dispute, the essence of the legal relations of the parties. Of course, one cannot agree with this conclusion of the court, since it is essentially illegal and unreasonable.

According to Paragraph 1 of the Preamble of the Consumer Rights Protection Law, “this Law governs
relations arising between consumers and manufacturers, performers, importers, sellers in the sale of goods (performance of works, provision of services), establishes the rights of consumers to purchase goods (works, services) of adequate quality and safe for life, health, property of consumers and environment, obtaining information about goods (works, services) and their manufacturers (performers, sellers), education, state and public protection of their interests, and also determines the mechanism for the implementation of these rights.

The Supreme Court of the Russian Federation in the Decree of the Plenum No. 17 of 06/28/2012. "On the consideration by the courts of civil cases in disputes on the protection of rights
consumers”, explained in detail which disputes and relations are regulated by this law. According to paragraph 7 of the Decree, “Consumer protection legislation does not regulate the relations of citizens with homeowners associations, housing construction cooperatives, housingaccumulative cooperatives, horticultural, horticultural and dacha
non-profit associations of citizens, if these relations arise inconnection with the membership of citizens in these organizations. For relationships aboutprovision by these organizations to citizens, including members of theseorganizations, paid services (works) Consumer Rights Protection Lawdistributed by".

Thus, as we see, the law "On the Protection of Consumer Rights" does not apply to the relations of citizens with gardening partnerships that have arisen in connection with membership in these partnerships. And it applies to relations arising in connection with the provision of paid services or works by these partnerships to citizens. But whether the horticultural partnership provides its members with paid services or works for the supply of electricity?

As already discussed above in this article, it does not. Horticultural partnerships are not energy supplying organizations that carry out electricity supply activities, and the relationship between them and citizens in terms of consumption and payment
citizens paid for and received by the horticultural partnership as a subscriber from the energy supply organization of electricity, do not apply to the energy supply agreement, i.e. are not relations for the provision of paid services (works).

Consequently, consumer protection law has nothing to do with these disputes, and cannot be applied to them.

This position is confirmed, for example, by the conclusion contained in the Information Bulletin of Judicial Practice in Civil Cases of the Arkhangelsk Regional Court for the first quarter of 2013: “Consumer protection legislation does not regulate the relations of citizens with horticultural, horticultural and dacha non-commercial
associations of citizens, based on the membership of citizens in these associations. B. is a member of a horticultural non-profit partnership (hereinafter referred to as SNT). In connection with the failure to make payment for the replacement of power line supports, by decision of the management of the SNT, the site owned by the plaintiff was disconnected from the power supply without notice.

Having established that SNT the procedure for disconnecting the site from electric energy provided for by law was not observed, the court satisfied B.'s claim, ordered to restore the supply of electricity, recovered in favor of the plaintiff monetary compensation for non-pecuniary damage and a fine for failure to voluntarily fulfill the requirements of the consumer.

The court of appeal overturned the decision of the court of first instance and dismissed the claims for the recovery of monetary compensation for moral damage and a fine, stating the following. It follows from the materials of the case that the relations of the parties are not based on a reimbursable contract, SNT does not provide B. paid services for electricity supply and is not an electricity supply
organization, the relationship of the parties arose in connection with B.'s membership in SNT.

According to paragraph 7 of the Decree of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 N 17 "On the consideration by the courts of civil cases on disputes on the protection of consumer rights", consumer protection legislation does not regulate the relations of citizens with homeowners' associations, housing construction cooperatives, housing savings cooperatives ,
horticultural, horticultural and dacha non-profit associationscitizens if these relations arise in connection with the membership of citizens in these organizations.

Based on the foregoing, the court of first instance unreasonably applied the Law “On Protection of Consumer Rights” (N 33-761/2013) to the disputed legal relations.”

Or the conclusion contained in the Decision of the Orekhovo-Zuevsky City Court (unfortunately, without details, published on the website: "Judicial and regulatory acts of the Russian Federation" http://sudact.ru/regular/doc/DnzGx5gKIVZ8/), indicated that "Since SNT"Signal" is not an energy supply organization, there are no contractual relations between it and the plaintiff for the provision of services for the supply and consumption of electricity. Link of the plaintiff to Art. 15 of the Law of the Russian Federation "On the Protection of Consumer Rights" is unreasonable. The cited Decision of the Central District Court of Novosibirsk dated 21.05.2015 in case No. 2-3208/2015. and the unfounded conclusions contained therein on the application of the norms of the law "On Protection of Consumer Rights" to a dispute about a power outage, were the subject of consideration in the Appellate Instance of the Novosibirsk Regional Court (Appeal Ruling of the Novosibirsk Regional Court dated July 30, 2015 in case No. 33-6468 / 2015 .), however, the Novosibirsk Regional Court, unfortunately, did not notice any violations in the court decision.

5. As you can see, at present, the position of the courts on disputes between citizens and gardening associations on the legality of cutting off electricity to citizens as a measure of influence is generally unambiguous - it cannot be turned off, even if a citizen lives at the expense of conscious citizens, owes mandatory contributions to the partnership, does not pay for already consumed electricity
for years or at all, consumes electricity past the meter. At the same time, it is interesting that, for example, a horticultural partnership can turn off the electricity in a horticultural partnership to all members in the winter, quite legally. At least the courts don't mind.

Thus, in the Decision of the Dzerzhinsky District Court of Novosibirsk dated May 18, 2015 in case No. 2-1334/2015, it is stated that: “Luneva G.V. is a member of SNT "B", which is confirmed by the membership book (case sheets 11-15). In accordance with paragraph 6 of the extract from the protocol No. ... of the reporting and election meeting of members of the SNT "B" dated ... (case sheet 34), it was decided to turn off the electric line for the winter period from November 01 to April 20. Also, in accordance with paragraph 6 of the protocol No. ... of the reporting and election meeting of members of the SNT "B" dated ... for the winter period, it was decided to turn off the electricity from November 01 to April 20 in order to maintain fire safety and the penetration of unauthorized persons into the houses (l .d 43). Article 21 of the Federal Law of the Russian Federation "On horticultural, gardening and dacha associations of citizens" gives broad powers to the general meeting of members of associations, without establishing any restrictions on the competence of the general meeting. So paragraph 18, paragraph 1, Art. 21 of the Federal Law of the Russian Federation "On horticultural, horticultural and dacha associations of citizens" authorizes the general meeting (meeting of authorized persons) to consider any issues related to the activities of such an association and make decisions on them. Thus, the decisions taken by the general meeting of SNT “B” to cut off electricity for the winter period from November 1 to April 20 do not contradict the current legislation; these decisions are not canceled and are not invalidated. In accordance with paragraphs. 11 p. 2 art. 19 of the Law “On horticultural, horticultural and dacha non-profit associations of citizens”, a member of a horticultural, horticultural or dacha non-profit association is obliged to comply with the decisions of the general meeting of members of such an association or the meeting of authorized persons and the decisions of the board of such an association.

In the Supervisory Resolution of the Presidium of the Chelyabinsk Regional Court dated October 26, 2005 No. 4g05-2010, it is indicated, “According to the Federal Law “On horticultural, horticultural and dacha non-profit associations of citizens”, land plots are provided for two purposes: 1) for cultivation; 2) for recreation. In accordance with Art. 1 of the above Federal Law, a garden land plot is a land plot provided to a citizen or acquired by him for growing fruits, berries, vegetables, melons or other crops and potatoes, as well as for recreation (with the right to erect a residential building without the right to register residence in it and outbuildings and structures). Thus, the garden plot and the garden house are not intended for permanent residence. It is assumed that citizens use garden houses for recreation during the period of growing all kinds of vegetable and fruit crops, that is, from spring to autumn.

In accordance with paragraphs. 11 p. 2 art. 19 of the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" a member of a horticultural non-profit association is obliged to comply with the decisions of the general meeting of members of such an association or the meeting of authorized persons and the decisions of the board of such an association. On this basis, the decision of the meeting of authorized persons dated March 20, 2004 on the issue of power outages, adopted within their competence, is subject to execution by all members of the horticultural partnership.

It is interesting that in this type of judicial acts, allowing power outages in a horticultural partnership for the winter period by decision of the general meeting, as one of the arguments, the courts also refer to Article 21 of the Federal Law of the Russian Federation “On horticultural, gardening and dacha associations of citizens”, only when In this regard, they already indicate that this law does not establish any restrictions on the competence of the general meeting, including making a decision to cut off electricity. At the same time, the courts do not refer to all the norms and arguments that I have analyzed above, and to which they usually refer, recognizing power outages as illegal actions.

Thus, summing up what has been said, we can say that the above arguments, to which the courts refer in their judicial acts, recognizing as illegal the actions of the management bodies of gardening associations to turn off citizens by them as a coercive measure, obliging them to restore electricity to citizens, are illegal and unreasonable, and normative acts applied by them that have nothing to do with this category of disputes. These judicial acts also contradict the elementary logic of economic relations in horticultural associations. The mandatory contributions and payments established in the horticultural partnership by the supreme governing body - the general meeting of gardeners, are spent, among other things, on the maintenance of common property, the same electrical networks of the partnership, and the performance of the necessary maintenance work. Payments made by citizens to a horticultural partnership for the electricity they themselves consume are spent by the partnership to pay for the electricity supplied by the energy supply organization to this partnership.

Citizens who do not want to pay these payments do not actually participate in the maintenance of public property, shift this maintenance, as well as payment for the electricity they consumed, to other, conscientious members of the partnership, thereby violating their rights, undermine the economic activity of the partnership. At the same time, it is logical and legal to deprive such unscrupulous members of the partnership of the right to use this common property and benefits.

Citizens who do not want to pay mandatory payments have the right to withdraw from the partnership, conclude an agreement with it on the procedure for the use and operation of engineering networks, roads and other property of the general use of the partnership. This possibility is provided for by the law “On horticultural, horticultural and country non-profit associations of citizens”. They have the opportunity to conclude energy supply agreements with energy supplying organizations, bypassing the horticultural partnership, and accordingly pay to these organizations, and not to the horticultural partnership, the consumed electricity. But at the same time, it is necessary to understand that these citizens, one way or another, will still have to pay for the consumed electricity or for the use of communications.

To conclude energy supply contracts with energy supply organizations, a number of technical conditions must be observed. Refusal to pay for the maintenance of common property will lead to the illegal use of such property, which should entail the application of measures of influence, including disconnection from the partnership's power grids. This possibility is not directly indicated in the law “On horticultural, horticultural and country non-profit associations of citizens”, however, the supreme governing body of a horticultural partnership is given the widest powers by this law - making decisions on any issues of the partnership, the list of which is not closed.

At the same time, for example, the right of the partnership to disconnect from the power grids of the partnership of a citizen engaged in horticulture, horticulture or dacha farming on an individual basis, if he does not pay the fees established by the agreement for the use of infrastructure facilities and other common property, is expressly provided for by part 2 of article 8 law “On horticultural, horticultural and dacha non-profit associations of citizens”, according to which, “In case of non-payment of the fees established by agreements for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association on the basis of a decision of the board of such an association or a general meeting of its members citizens engaged in gardening, horticulture or dacha farming on an individual basis are deprived of the right to use infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association ".

It is quite possible that such measures will be taken against non-paying members of the
partnerships and by analogy with the law. But in order for all these listed reasonable arguments to find their application in court decisions, they must first find understanding in the judicial community. Legal recommendations to the management bodies of horticultural partnerships on resolving the issue of "non-payers", based on the foregoing and the prevailing judicial practice.

So, the court, most likely, will recognize your actions to disconnect the defaulter from electricity in a gardening partnership as illegal, and will force you to connect it back. At the same time, the court will also recover from you the losses incurred by the defaulter due to your illegal actions, the amount of which depends on his ingenuity and the documents submitted by him. However, nevertheless,
do not despair, there is a way out of this situation.

To begin with, no one prevents you from recovering debts from non-payers in court. There is nothing complicated here. To do this, it is only necessary to correctly substantiate to the judge the fact and amount of the debtor's debt with the documents of the partnership. To do this, of course, it is necessary to correctly draw up the decisions of the general meeting and the board of the partnership, since usually the tactics of protecting non-payers is based precisely on challenging these documents, and their execution in partnerships in most cases leaves much to be desired. If you cannot draw up the documents yourself, contact a lawyer who will competently draw up these and other documents for you, and in the future you will only use them as a model.

Pay once, but then you will use for years. Do not complete the paperwork properly? Then you won't have much to rely on. At the same time, it must be remembered that it is actually possible to collect a debt only for the last three years preceding the appeal to the court, since the non-payer is likely to declare in court that the limitation period has expired.

There is also a more effective and reliable, albeit more complicated and time-consuming way to solve the problem - to exclude malicious non-payers from the partnership. What is its advantage? And the fact that every gardening partnership has its own backbone of malicious non-payers, it is usually not very large, but, looking at them, normal citizens sometimes try to solve their personal problems in the same way. By excluding malicious defaulters from society, you, firstly, get rid of them once and for all. Secondly, you can legally turn off electricity and water for them for non-payment. Thirdly, you clearly show to all those who “want” that such violations will not be in vain.

Fourthly, you deprive non-payers of the opportunity to disrupt your general meeting. The fact is that, as I said above, the law “On Horticultural, Gardening and Country Non-Commercial Associations of Citizens” allows deprivation of the right to use infrastructure facilities and other common property of a horticultural partnership of citizens engaged in gardening in an individual
order on the territory of the gardening partnership, for non-payment of payments, i.e. the same power outage.
It is only necessary to correctly draw up everything, for which purpose to include in the charter of the partnership a detailed procedure for expelling its members from the partnership for various violations, including non-payment of mandatory payments. This moment is very important, and, of course, you can entrust it only to a professional, otherwise all your subsequent actions may be in vain.

According to paragraph 2 of part 1 of article 21 of the law, the exclusive competence of the general meeting of members of a horticultural, horticultural and dacha non-profit association (meeting of authorized persons) includes, among other things, the following issues: admission to membership in such an association and exception to hismembers. Decisions on amendments to the charter of such an association and additions to its charter or on approval of the charter in a new edition, exclusion from the membership of such an association, on its liquidation and (or) reorganization, appointment
of the liquidation commission and on the approval of the interim and final liquidation balance sheets are adopted by the general meeting of members of such an association (meeting of authorized persons) by a two-thirds majority.

According to paragraph 11 of clause 2 of article 21 of the law, “decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) are brought to the attention of its members within seven days after the date of adoption of these decisions in the manner prescribed by the charter of such an association.”

According to paragraphs 6, 11, 12 of the law, “a member of a horticultural, horticultural or dacha non-profit association is obliged:
- timely pay membership and other fees provided for by this Federal Law and the charter of such an association, taxes and payments;
- implement decisions of the general meeting of members of such an association or a meeting of authorized persons and decisions of the board of such an association;
- comply with other requirements established by laws and the charter of such an association.

It is possible to indicate in the charter as a basis for exclusion from the partnership - non-payment of mandatory payments established in the partnership for a certain time. For example, more than 2 years. Too short a period of non-payment may cause the court to overturn your decision. Here in the charter, in order to suppress other interpretations, it is necessary to describe in detail what exactly is non-payment of payments. All members of the partnership, including those excluded, must be familiarized with the charter against signature. After the necessary norms have been introduced into the charter, and the list of debtors subject to exclusion from the partnership has been drawn up, it is necessary to notify all of them in writing of the amount of their debt and the inclusion by the board of the issue on the agenda for the general meeting of members of the partnership on their exclusion from the partnership. Although even before that it is highly desirable to insure by repeatedly sending notices of debts to debtors.

If it is not possible to simply transfer the notice against signature to the debtors, it is necessary to send a notice by registered mail with a notice and a description of the attachment. If the debt has not been repaid within the period specified in the articles of association and notice, the board of directors shall put the issue of exclusion of the debtor from the partnership on the agenda of the general meeting. At the general meeting, with the required quorum (more than 50% of the total number of members of the partnership must be present), for exclusion from the partnership it is necessary that more than two-thirds of the members present vote for the exclusion.

Based on the results of the general meeting, a protocol is drawn up, an extract from which is sent to the expelled from the partnership
a citizen who will now be called a citizen who conducts gardening on an individual basis on the territory of a gardening partnership.

Judicial practice generally confirms the legality of such measures. Thus, the Novosibirsk Regional Court in the Cassation ruling of March 29, 2011 in case N 33-2032-2011, indicated that: "Clause 2.10.4 of the charter of SNT "Quartz"established that a member of the partnership may be expelled from SNT "Quartz" fornon-payment for more than a year for unexcused reasons of land tax orrent, contributions, payments established by the partnership, with the terminationthe right to use a land plot (clause 2.16 of the charter). With provisionsof the charter of SNT "Quartz", the plaintiff was familiarized and undertook to comply with it, whichcorroborated by her statement of 15 April 1995.R. has not paid membership dues since 2004. Evidence of respectNo reason was given for non-payment. In this connection, the general meeting of membersSNT "Quartz" had legal grounds for its exclusion from membershippartnership and termination of the right to use a land plot".

However, with the exclusion of the persistent non-payer from the members of the partnership, the problem has not yet been resolved. It is also necessary to conclude an agreement with him on the use of the company's infrastructure facilities. Without such an agreement, you will not be able to disconnect the non-payer from communications for non-payment.

Together with an extract from the protocol and a notice of exclusion from the members of the partnership, the citizen is sent for signing an agreement on the use of infrastructure facilities of the society. The form of such an agreement, as well as the amount of payment for the use of the partnership's infrastructure facilities, must also be approved at the general meeting of the partnership's members.

In this agreement, it is necessary to provide for, as a sanction for non-payment of the payments stipulated by the agreement, the disconnection of the non-payer from the communications of the partnership and the procedure for disconnection.

According to part 2 of article 8 of the law, “The amount of payment for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for citizens engaged in horticulture, horticulture or dacha farming on an individual basis, provided that they make contributions for the acquisition (creation) said property may not exceed the amount of payment for the use of said property for members of such an association.

If a citizen expelled from the partnership refuses to conclude such an agreement, then the partnership will have to apply to the court with a claim to compel the conclusion of such an agreement. Judicial practice is on the side of partnerships here. Otherwise, if the contract is not concluded, the court will not recognize the disconnection from communications as legal.

So, for example, in the Decision of April 18, 2011 in case No. 2-1083/11, the Istra City Court of the Moscow Region indicated that "When
non-payment of fees established by agreements for the use of facilitiesinfrastructure and other common property of horticultural,horticultural or dacha non-profit association on the basis of a decisionthe board of such an association or the general meeting of its members, citizens leadinggardening, horticulture or dacha farming on an individual basis,are deprived of the right to use infrastructure facilities and other propertygeneral use horticultural, horticultural or dacha non-commercialassociations. Non-payments for the use of infrastructure facilities and othercommon property of horticultural, horticultural or dachanon-profit associations are recovered in court.

Thus, since the contract between the plaintiff, who is not a memberSNT and SNT on the use of electricity is not concluded, then there are no groundsconsider that the plaintiff violated the obligation to useelectricity."

Courts in cases of forcing citizens who are gardening individually on the territory of a horticultural partnership to conclude an agreement on the use of the partnership's infrastructure facilities adhere to the position of the need to compel citizens to conclude such an agreement.

Thus, according to paragraph 2.7 of the "Review of judicial practice on issues arising from the consideration of cases related to horticultural, horticultural and dacha non-profit associations, for 2010-2013", approved by the Presidium of the Supreme Court of the Russian Federation on 02.07.2014. “at the request of a horticultural, horticultural or dacha non-profit association, a citizen engaged in horticulture, horticulture or dacha farming on an individual basis, by a court decision, may be required to conclude an agreement for the use of infrastructure and other common property of the association.

In case of non-payment of the fees established by the agreement for the use of infrastructure facilities and other public property
of a horticultural, horticultural or dacha non-profit association, on the basis of a decision of the board of such an association or a general meeting of its members, citizens engaged in horticulture, horticulture or dacha farming on an individual basis, deprived of the right to use infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association.

“The absence of an agreement between the owner of a land plot and a horticultural, horticultural or dacha non-profit association on the procedure for using infrastructure facilities, as well as the non-use of a land plot, does not exempt the owner from paying a fee for the maintenance of the common use property of a non-profit association.”

Having in hand a competently drawn up agreement concluded with a citizen expelled from the members of the partnership on the use of infrastructure facilities of the partnership, you can safely make a decision to turn off his garden house for non-payment of mandatory contractual payments. The court will be on your side.

Thus, despite the obvious opposition of the state in the person of the courts, gardening partnerships still have quite real, and most importantly, legal ways to force unscrupulous gardeners to fulfill their obligations in relation to the partnership.

How difficult and long, you say. Yes it is. But there is no other effective, and most importantly, legal way to force non-payers into
gardening partnership to pay their bills, today, alas, does not exist.

The creation of power supply systems for various industrial facilities or residential areas has many characteristic features. And today we will talk about how it is carried out electricity in snt(to garden non-profit partnerships).

A characteristic feature of these associations is the constant shortage of electricity and its improper distribution among various members of the community.

Here are just a couple of examples:

• at the moment when one member of the community turns on a powerful electric heater, the rest of the subscribers connected to the same transformer substation begin to dim the light in the living quarters;
• if one of the subscribers suddenly decides to increase the allocated power for himself, this inevitably creates inconvenience for the other members of the partnership (after all, they are all connected to the same substation, the power of which is already limited).

This list can be continued indefinitely. Misunderstandings that arise lead to endless scandals and intractable litigation between SNT members and energy supply organizations. A similar pattern is observed in many SNTs, electricity supply which was carried out in violation of applicable rules and regulations.

To prevent the occurrence of such misunderstandings and to solve existing problems will help power supply system, mounted in accordance with current electrical standards, which will be taken into account in a well-designed power supply project.

The sequence of connecting SNT to power supply systems

Non-profit garden partnerships are, in fact, a derivative of dacha cooperatives that appeared in our country at the end of the last century. They are suburban residential complexes equipped with minimal amenities, due to the lack of full-fledged engineering communications on their territory.

Often, such communities are connected to a centralized power supply system, but the capacity of the supply electrical substations is usually insufficient to meet the current needs of all subscribers connected to it. It is for this reason that the existing power supply systems of modern SNT very often need to be completely reconstructed or even completely dismantled, followed by creation from scratch.

Power supply project - this is not the only document that needs to be developed to connect a residential suburban complex to a common power supply network. And the correct connection requires the implementation of a whole list of successive measures.

Applicants will need to agree and approve the amount of electricity allocated to the partnership. In this case, it is necessary to calculate and install power supply system, taking into account the characteristics of power receiving devices. If the existing system already has an old transformer substation, then it must be subjected to a comprehensive reconstruction, which involves repair and installation of more powerful equipment.

Project electricity in SNT, as a rule, provides for the creation of a new electrical network or the renewal of an existing network. In case of repair of the existing distribution network, existing safety rules and requirements must be observed to ensure the reliability of power lines. In this case, not only power cable lines are subject to replacement, but also operating switchboard equipment (complete with protection devices against electricity leakage and short circuits in the network).

Only a professional electrical installation company can perform all the listed works (including project development) in accordance with applicable safety standards and regulations. Therefore, on issues related to the power supply of SNT, representatives of garden non-profit partnerships must initially contact a specialized specialized company.

Approved
By decision of the General Meeting
(Authorized) SNT "Health"
June 08, 2013

This Regulation has been developed on the basis of Art. 539-547 of the Civil Code of the Russian Federation, Federal Law of April 15, 1998 No. 66 - Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens", the Charter of the SNT "Health" and the Agreement dated 04/01/2012 No. 90016009 between the Partnership and the power supply organization - TO-JSC "Mosenergosbyt" and its branches.
The regulation on power supply of SNT "Health" (hereinafter referred to as the Partnership) regulates relations related to the use of electricity and the operation of the power supply infrastructure of the Partnership and establishes the rules, rights and obligations of the Management Board and members of the Partnership in order to comply with the following principles:
-creation of conditions for timely provision of electricity;
- ensuring the safety of the functioning of the power supply infrastructure;
- ensuring targeted and cost-effective spending Money for the purchase of equipment, works, services and the implementation of measures aimed at maintaining the power supply infrastructure;
- Ensuring equality and justice.

POSITION

Regulations on the power supply of garden plots of members of the SNT "Health"

1. Basic position.

1.1 Power supply of the Partnership SNT "Health" (Partnership) is carried out on the basis of an agreement between the Partnership and the energy supply organization TO-JSC "Mosenergosbyt". Contract No. 90016009 dated April 1, 2012 and its branches through the connected power grid with payment according to the indications of general settlement meters. Payment for electricity with energy sales is made every month according to common settlement electricity meters, which are installed in transformer substations KTP-67 and KTP-267

1.2 The selling price of electricity corresponds to the selling price of the energy supply organization. Tariffs for electric energy for the population and consumers equated to the category "Population" in the territory of the Moscow Region are supplied at regulated tariffs, approved by the Order of the Federal Tariff Service dated December 31, 2010 No. 655-e.

1.3 The boundary of balance sheet ownership and operational responsibility separates the actual owners of the equipment on the basis of contractual obligations. The boundary of the balance sheet (Partnership) of SNT "Health" is located on the plug-in contacts of the VLR (remote linear disconnector) from the high voltage side of 6000 volts, these are KTP-67 and KTP-267. Internal Networks, electrical equipment (power transmission poles, complete transformer substations, lamps, etc.) are the joint property of the members of SNT "Health" of the "Partnership".

1.4 Electrical installations of transformer substations KTP-67 and KTP-267 and internal low-voltage networks of 0.4 kilovolts belong to SNT "Health". In accordance with part 3 of the information letter of the Federal Tariff Service (FTS) of the Russian Federation “On clarifications to methodological instructions” dated 12.08.2005, maintenance costs, current overhauls, periodic testing of electrical installations and lines, the maintenance of personnel servicing electrical installations, is paid at the expense of funds collected from members of garden societies. And the tariff of the network organization (ESO) is not included. Based on Article 210 of the Civil Code of the Russian Federation, the owner bears the burden of financial expenses to maintain his property in proper condition, unless otherwise provided by law or contract. It follows from this that the maintenance and maintenance of electrical networks and transformers belonging to the "Partnership", as well as payment for electricity losses in them, etc., is made at the expense of members of the horticultural "Partnership".

1.5 Electricity is provided to the Members of the Partnership for domestic consumption. For the power supply of summer cottages, single-phase voltage is used ("phase" - "zero") and three-phase ("phase" - "phase" - "phase" - "zero") (no more than 3-5 kilowatts at 1 phase and no more than 10- 15 kilowatts at 3-phase metering (depending on the time of year).To account for the consumed power, the automatic control and accounting system for electricity (ASKUE) "MATRICA" is used.To control the consumption of electricity in garden plots, electronic meters "MATRICA" NP-523.20D are used to single-phase and NP-542.24T for three-phase metering.The metering is taken out on supports outside the border of the garden plot, and is performed by the program in automatic mode.

1.6 Technological losses of electricity in low-voltage networks, which are on the balance sheet of the "Partnership", gardeners pay in proportion to the electricity consumed. The calculation of technological losses is carried out by the ASKUE program in automatic mode. According to the ASKUE system, the average size of technical losses is 7-7.8%. Loss data is displayed on a separate line in electricity bills.

1.7 Accounting for electricity used for technical needs (lighting, operation of the water pump, and consumed by the board building) are accounted for by a separate meter, and are paid separately, from the membership fees of the "Partnership" SNT "Health".

2. Responsibility and rights of the parties.
(gardeners)

2.1 According to the Federal Law of April 15, 1998 N 66-FZ "On horticultural, gardening and country non-profit associations of citizens" a member of the SNT is obliged to comply with the decisions of the general meeting of members of such an association or the meeting of authorized persons and the decisions of the board of such an association, comply with other laws and the charter of such combining requirements.

2.2 Electricity is supplied to a member of the "Partnership" only for domestic needs. The consumer (gardener) undertakes to pay for the energy and power consumed, as well as to comply with the energy and power consumption regime, to ensure the safety of the operation of the electrical network under his control and the serviceability of the instruments and equipment used by him related to the consumption of electrical energy. The deadline for making payments for electricity is until the 15th day of the month following the expired one. For each day of delay in payment by a member of the Partnership for electricity consumption, after the 15th day, a penalty is charged in the amount of 1% of the overdue amount.

2.3 The "Partnership" cannot reconstruct and repair electrical networks on its balance sheet, only at the expense of bona fide members. If the consumer (gardener) does not participate in the development and maintenance of the internal Electra infrastructure, and does not make contributions for the repair, maintenance, testing and reconstruction of the internal electrical networks, the Partnership infrastructure is completely disconnected from the Electra.

2.4 The "Partnership" cannot lend to debtors, since every month it pays for electricity according to a common meter. If for one or more months the consumer does not pay and the debts for electricity exceeded the amount of 1000 rubles, a limit of 500 watts per site is introduced with the notification of the consumer, if possible, by phone, e-mail or through the SNT website http: // site, in case of further non-payment of electricity within 15 days, a complete temporary restriction of electricity supply is introduced until the debt is repaid. Members of the Partnership have the opportunity to reconcile payments for electricity with an accountant-cashier.

2.5 If the subscriber's (gardener's) electric networks are out of order, threatening the life and health of people, a complete restriction of power supply is introduced until the malfunctions are eliminated.

2.6 The consumer (gardener) has the right to pay for electricity in advance. In the event of an increase in the tariff for payment of electricity by Mosenergosbyt at the time of the actual settlement between Mosenergosbyt and SNT, the Subscriber's payment is recalculated in accordance with the new tariff.

2.7 Since the electrical installations and power grids of the SNT "Health" are on the balance sheet of the "Partnership" and not the energy supply organization, the connection, limitation or disconnection of electricity within the SNT "Health" occurs by the forces of the "Partnership", without the participation of representatives of the energy supply organization.

2.8 Benefits for payment of consumed electricity, established by law for certain categories of citizens at the place of residence, are not valid in a gardening partnership.

2.9 Gardeners are obliged to prune overgrown trees and shrubs located in
the security zone of power lines and the outlet from the support to the gardener's house.

2.10 Gardeners must comply with the mode of energy and power consumption, ensure the safety of the operation of the electrical network under their control and the serviceability of the used electrical appliances and electrical equipment intended for domestic consumption.

2.11 Gardeners are forbidden to arbitrarily connect current collectors in addition to the meter. Gardeners have the opportunity, if necessary, to connect electric welding equipment to the general electrical network in addition to the meter (from the pole) only upon written application to the Board of the "Partnership" and the written permission of the Board with mandatory payment for the electricity used, taking into account the power of the connected equipment and the time of its operation (work is prohibited to be performed on weekends and holidays)

2.12 The gardener has the right to refuse to use electrical energy. To do this, it is necessary to write a statement to the Board of the "Partnership" about the unwillingness to use the partnership's power grids. At the same time, the Board recalculates and, if necessary, returns money from the Gardener's contribution.

2.13 Gardeners have the opportunity to appeal against the actions and decisions of the board that violate the rights of members of the Partnership at the General Meeting of the Partnership, and in case of an unsatisfactory decision of the General Meeting in court.

3. Responsibility and rights of the parties.
(Governing body)

3.1 Responsibility for ensuring the technical operation of the electrical installation and the electrical network of the partnership lies with the board of the partnership. The board, the full-time electrician of the partnership are obliged to strictly comply with the requirements of the Rules for Safety and Technical Operation of Electrical Installations (PTE) (PTB). Monitor the serviceability of electrical networks and electrical equipment. Timely audit and repair the internal electrical network (partnership).

3.2 The line of demarcation of ownership and operational responsibility between the board of the partnership and the Members of the "Partnership" are insulators on the support of the power transmission line - 0.4 kV.

3.3 The reliability of power supply to Subscribers is provided by the power supply organization and the Board of the "Partnership" in accordance with the requirements of category 3 power consumers. In the event of an emergency shutdown by a power supply organization, or a power outage for preventive purposes, the Board of the "Partnership" is not liable for losses to the members of the "Partnership".

3.4 The Board has the right to control the consumption of electricity by the members of the "Partnership" according to the readings of electricity meters using the program for automatic accounting of ASKUE "Matrix". Data from the readings of electricity meters from the ASKUE system are entered once a month into the cashier's program for calculating payment for electricity.

3.5 When the General Meeting of the "Partnership" decides to expel a member of the SNT from the "Partnership", the Board may deprive the member of the "Partnership" of the right to use the internal electrical infrastructure.

3.6 The Partnership cannot incur direct losses by providing third-party consumer access to its Electra networks. Due to the impossibility of an accurate calculation for the consumed electricity, third-party consumers who conduct gardening on an individual basis, when concluding direct contracts with the energy retailer, cannot use the electrical infrastructure of the Partnership (power transmission line poles and transformer substations). The power grid facilities of the grid organization must be located outside the boundaries of the power grid economy of the "Partnership", and be delimited when issuing documents on the implementation of the technological connection of subscribers to the power grids of the guaranteed electricity supplier.

3.7 The Board is obliged to immediately stop the supply of electricity upon detection of a threat of an accident, fire or danger to life and health of people. The inclusion is made only after the complete elimination of these threats.

4. OTHER TERMS

4.1 The regulation "On the power supply of garden plots of members of the SNT" Health "is in the nature of an internal regulatory document and in status corresponds to the decision of the Meeting of authorized persons, binding on all members of the SNT. The general meeting (meeting of authorized persons) has the right to approve the internal regulations of the partnership. This Regulation does not belong to the category constituent documents and does not entail structural changes in the organizational and legal form (merger, accession, division, separation, change in the legal form), therefore, does not require state registration.

4.2. Disputes of the parties related to the conclusion and execution of these Regulations are resolved through negotiations, and if the Parties fail to reach an agreement, the dispute is resolved in court in accordance with applicable law.
4.3. Termination of this Regulation does not release the Parties from mutual payments for electricity.
4.4. All changes and additions to these Regulations are considered valid if they are made in writing and signed by the parties. All annexes to this Regulation are its integral part.

This provision is brought to the attention of all Members of the Partnership against signature.
Regulations and (application with signatures) are stored in the board of SNT "Health" with the signatures of all members of the Partnership, and in electronic form by e-mail SNT.

Board of SNT "Health"

Place for printing

Of all types of electrical design, the SNT power supply project can, without exaggeration, be called the most difficult from an organizational point of view. The development of such settlements most often occurred spontaneously and was rarely coordinated with the capabilities of the regional power supply network.

Considering that in last years the popularity of suburban housing has increased dramatically, vegetable garden communities are gradually turning into completely settled settlements, which almost always leads to a significant shortage of electricity.

One of the ways to overcome the difficulties on the path of modernization of the power supply network of the garden village is the advanced and professional design of the SNT power supply, performed by a licensed organization.

On the one hand, a well-executed project will allow you to calculate an accurate estimate and determine the required amount of funding. On the other hand, it will be possible to justifiably demand an increase in power limits in the energy supply.

Recall that SNT - a horticultural non-profit partnership - is an association of owners of summer cottages, the purpose of which is to ensure the normal functioning of the village.

Obviously, without power supply, no “normal functioning” can be ensured, therefore one of the main tasks that the SNT board faces is the creation and maintenance of the power supply network of the garden partnership.

Given that most of the settlements of this type were originally created without plans for general development, the primary electrification of such facilities was carried out based on the minimum consumption rates. Even now in the Moscow region you can find a sufficient number of dacha cooperatives, the total allocated power for which does not exceed 15 kW.

From a technical point of view, the power supply network of a holiday village before modernization, as a rule, consists of the following elements:

• Low power transformer (10/0.4 or 6/0.4);
• Obsolete overhead power transmission lines (as well as their total absence near new sites);
• The inability to use elementary household appliances and install electrical systems for autonomous water supply and heating.

After modernization, which usually occurs with the replacement of a substation with a more powerful and modern one, the power supply network of garden settlements is comparable in terms of electricity quality to urban areas.

In the light of the foregoing, the reconstruction of power supply schemes for holiday villages is almost always carried out in order to increase power, which, in turn, requires a complete reworking of the existing power grid project.

In addition to designing, the board of the partnership needs to find the answer to two main questions that accompany the creation of a new power supply network in settlements of any type:

• Who will pay for its content?
• How to increase the power limit?

As practice shows, it is so difficult to answer them that some stories about the renewal of village power grids last for more than a dozen years.

From a legislative point of view (FZ-217 of 07/29/17), the entire infrastructure of the village power grid is transferred to the balance of the partnership. That is, all SNT participants must not only pay for the consumed electricity, but also regularly "throw off" for its maintenance (and this is tens of thousands of rubles a year).

As for the increase in power, here it is necessary to find a balance between the 10 kW (per one site) required by law and the capabilities of the local power supply network.

When is a new project being developed?

According to the requirements of the PUE, any electrical installation, newly installed or put into operation after modernization, can be connected to the power grid only after signing the act of admission to the connection.

What does a clear sequence of actions mean:

• Development of an electrical project;
• Coordination;
• Mounting;
• Laboratory measurements;
• Signing the act of admission to the connection;
• Technical connection.

Based on what, the design of the electricians of the village is necessary both for electrification "from scratch" and during the reconstruction of the existing network.

Separately, we note that the need for modernization also arises after the appearance of new sections, for the electrification of which it is necessary to install additional supports in the power transmission line, which also requires updating the project.

The specifics of the calculation of power consumption

The total power consumption of the power supply network is the main parameter on which almost everything in the developed (and in the existing!) electrical project depends. Including the size of the limit allocated for one connection.

The method of its calculation should be known not only by the designer, but also by each member of the garden partnership, since in 98 cases out of 100 this parameter is the cause of conflicts between the board and ordinary members of the partnership.

The fact is that the actual power limit allocated to one section is not determined by a linear formula, through a simple division of the transformer power by the number of consumers, but by a much more complex algorithm.

In practice, the starting point for calculating the main project parameters is a non-legislative limit that should be allocated to one country house(up to 15 kW), and the typical power of a transformer that meets the specifications formulated by the power supply company.

For example, let's assume that the power of the transformer in the KP is 160 kVA, and the number of sections is -200.

First of all, the active component of the rated power of the transformer is calculated. 160*0.95=152 kW.

Further, it is necessary to take into account technological losses for the delivery of electricity from the transformer to the end consumer. From a physical point of view, these are losses due to the resistance of the cable and switching nodes, which depends on the state of the power grid. In a "good" network, such losses do not exceed 5%, in a "bad" network they can reach 11%. Let us assume that the network considered in this example is "average" and dissipates 7% of the transmitted energy.

We get the rest of the active power 152-7% = 143 kW.

Since in any village it is possible to find permanently operating objects of common infrastructure, it is necessary to subtract the costs of maintaining the operability of these objects from the resulting balance.

Let us assume that such objects are street lighting and the operation of deep well pumps, the total power of which is 11 kW.

In total, 132 kW remains from 160 kVA for distribution to end consumers.

Please note that if we arithmetically divide 132 kW into 200 plots, we get only 0.66 kW per connection, which is clearly not enough even for the Soviet version of a country house.

Further calculation is performed on the assumption that all consumers rarely load the network at the same time, so the number of connections in the 132/200 formula can be reduced by a certain factor called the simultaneous consumption factor.

For horticultural cooperatives, its value is assumed to be 0.14, after which the actual capacity available for one consumer is calculated.

132/(200*0.14)=4.7 kW.

It is noteworthy that when the number of sections is increased, the coefficient of simultaneous consumption decreases, which makes it possible to connect new consumers without installing additional transformers.

Separately, we emphasize that the above sample calculations are valid only for cases where electricity is not used for heating. More accurate guidelines on power distribution planning in power networks are given in RD 34.20.185-94 (as amended), and SP 31-110-2003.

What is included in the SNT power grid project?

Unlike other electrical projects, a working electrical project of a power supply network for a garden partnership is mainly focused on external communications, therefore, in addition to electrical calculations, it must contain information for the installation of transformer substations and supports under power transmission lines.

A typical design documentation package consists of the following sections:

• Descriptive part (explanatory note);
• Supply network plans developed on the basis of the cadastral explication of the settlement;
• Single-line diagram of the ASU (input switchgear) and KP (complex substation);
• Scheme-calculation for voltage drops for all sections of the supply line;
• Scheme-calculation for short-circuit currents;
• Calculation of losses in the transmission line and in the KP transformer;
• Power equipment layout plan;
• Installation scheme and description of the grounding complex;
• Lightning protection scheme (depending on the climatic features of the region);
• Schematic diagram of connection of metering devices (indicating the characteristics of measuring transformers);
• Specification;
• Economic calculation (or estimate).

When developing, the restrictions specified in SNiP 3.05.06-85 "Electrical devices" and SNiP 12-01-2004 "Organization of construction" should be taken into account.

What advantages does the customer get by ordering development from Mega.ru?

The economic and organizational need to work out all the elements of the electrical network of a holiday village has already been mentioned above. But the review would be incomplete without mentioning the additional benefits that a professionally designed project provides:

• Reducing losses in the power supply network;
• Higher reliability of internal transmission lines for power transmission, achieved through the use of self-supporting SIP wire;
• Almost complete elimination of opportunities for the selection of electricity bypassing metering devices;
• Significant reduction in the risk of emergencies through the use of the most modern automatic protection systems (as a result, reducing the risk of financial losses);
• Accurate delineation of areas of responsibility;
• Possibility of further modernization without major capital expenditures (including the connection of new consumers).