AGREEMENT No. _________ dated “___”__________2012

on the procedure for the use and operation of infrastructure facilities, utility networks, roads and the provision of public services

Owner of the property at the address MO, Istra district, s/o Ermolinsky, Kholmy village, SNT "Novator", plot No. ___ ______________________________________________ , hereinafter referred to as the “Owner”, on the one hand and

SNT "Novator" . V., acting on the basis of the Charter, hereinafter referred to as “SNT”, on the other hand,

have entered into this Agreement as follows:

1. SUBJECT OF THE AGREEMENT

This Agreement was drawn up in accordance with the Federal Law “On Gardening, Gardening and Dacha Non-Profit Associations of Citizens” dated 01/01/2001 (hereinafter referred to as the Law of 01/01/2001) and the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation of May 6, 2011 N 354 (hereinafter referred to as the Rules for the provision of utility services).

The subject of the Agreement is the operation of SNT infrastructure facilities and the provision to the Owner of services for the use of these facilities, utility networks and roads, as well as other housing and communal services listed in Appendix 1 to this Agreement, as well as services for the maintenance of SNT public property, subject to full and timely payment for these services by the Owner at the prices given in the above Appendix 1.

2. OBLIGATIONS OF SNT

2.1. SNT undertakes to organize and carry out the following functions for the maintenance and operation of infrastructure facilities:

· maintenance of the transformer substation (TS) and electrical networks and transit of consumable resources and services supplied by third parties through the utility networks of SNT (electric utility service);

· other public services (subject to the creation of appropriate centralized networks of engineering and technical support);

· organization of preventive, emergency and repair work at infrastructure facilities if necessary;

· lighting of public areas (intersections and village boundaries);

· ensuring security (monitoring) of the territory of the village and the safety of infrastructure facilities and utility networks, including the organization of access control at the entrance to the village;

· removal of solid waste, cleaning of public areas and adjacent areas;

6.1.1. violation of the quality of provision of utilities to the Owner;

6.1.2. harm caused to the life, health and property of the Owner as a result of a violation of the quality of provision of utility services, due to failure to provide the consumer with complete and reliable information about the provided utility services;

6.1.3. other liability in the manner prescribed by the Rules for the provision of utility services.

6.2. If the contractor causes damage to the life, health and (or) property of the Owner, public property, SNT and the Owner (or his representative) draw up and sign an act of damage to the life, health and property of the Owner, public property, containing a description of the damage caused and the circumstances in which such damage was caused.

The specified act must be drawn up by SNT and signed by it no later than 12 hours from the moment the Owner contacts the SNT Board or an authorized representative of SNT. If it is impossible for the Owner (or his representative) to sign the act, including due to his absence from the occupied premises, the act must be signed in addition to the SNT representative by two disinterested persons. The act is drawn up in 2 copies, one of which is transferred to the Owner (or his representative), the second remains with SNT.

6.3. SNT has no right to perform additional work or provide services for a fee without the Owner’s consent. The owner has the right to refuse to pay for such work (services), and if they are paid, the consumer has the right to demand that the contractor return the amount paid.

6.4. The owner bears civil liability established by the legislation of the Russian Federation for:

6.4.1. failure to pay or late payment of utility bills;

6.4.2. harm caused to life, health and property of SNT or other consumers due to improper operation of in-house engineering systems.

6.4.3. Owners who have paid utility bills late and/or incompletely are required to pay SNT a penalty in the amount of one three-hundredth of the refinancing rate of the Central Bank of the Russian Federation in effect at the time of payment on amounts not paid on time for each day of delay starting from the next day after the established payment period up to and including the day of actual payment (Part 14 of Article 155 of the Housing Code of the Russian Federation).

6.4.4. In case of delay in payment of other current payments listed in Appendix 1 to this Agreement, except for utility bills, SNT has the right to collect from the Owner a penalty in the amount of one percent (1%) of the payment amount for each day of delay, starting from the 4th day the month following the billing month.

6.5. In case of non-payment or incomplete payment of any payments provided for in this Agreement and Appendix 1 thereto, within 30 days or more from the date of the established deadline, SNT is obliged to send the Owner a written notice of the possible suspension or limitation of the provision of services provided by SNT under this Agreement and the possible disconnecting the Owner from infrastructure facilities and utility networks of SNT. Such notice is considered given to the Owner if it is handed over against signature indicating the time of delivery to the Owner, or to other persons living on the territory of the home, or sent by registered mail with notification to the Owner’s registration address, or the address for correspondence specified in clause 9 of this Agreement.

7. SUSPENSION OR LIMITATION OF PUBLIC SERVICES

7.1. When limiting the provision of a utility service, SNT temporarily reduces the volume (quantity) of supply to the Owner of a utility resource of the corresponding type and (or) introduces a schedule for the provision of utility services during the day.

When the provision of a utility service is suspended, SNT temporarily stops supplying the consumer with a utility resource of the corresponding type.

Suspension or restriction of the provision of utility services does not constitute termination of the Agreement.

7.2. SNT limits or suspends the provision of utility services without prior notice to the Owner in the event of:

7.2.1. the occurrence or threat of an emergency in centralized networks of engineering and technical support through which water, heat, electricity and gas are supplied, as well as water disposal - from the moment such an emergency occurs or threatens to occur;

7.2.2. the occurrence of natural disasters and (or) emergency situations, as well as, if necessary, their localization and elimination of consequences - from the moment such situations arise, as well as from the moment such a need arises;

7.2.3. detection of the fact of unauthorized connection of the Owner’s equipment to engineering systems or centralized networks of SNT engineering support - from the moment the unauthorized connection is identified;

7.2.4. use by the Owner of household machines (devices, equipment), the connection power of which exceeds the maximum permissible loads, calculated based on the technical characteristics of SNT engineering systems and brought to the attention of the Owner - from the moment the violation is detected;

7.2.5. receipt by SNT of an order from the body authorized to exercise state control and supervision over the compliance of in-house engineering systems and in-apartment equipment with established requirements, on the need to introduce a restriction or suspension of the provision of utility services, including an order from the executive authority of a constituent entity of the Russian Federation authorized to exercise state control over compliance quality, volume and procedure for providing public services to established requirements, about the unsatisfactory condition of engineering systems (for the technical condition of which the owner of a residential building is responsible), threatening an accident or creating a threat to the life and safety of citizens - from the date specified in the document of the relevant authority.

7.3. SNT limits or suspends the provision of utility services, having previously notified the consumer, in the event of:

7.3.1. carrying out scheduled preventative repairs and maintenance work on centralized networks of engineering support and (or) in-house engineering systems related to the common property of the owners of premises in an apartment building - 10 working days after a written warning (notification) to the consumer.

7.3.2. incomplete payment by the consumer for a utility service - 30 days after a written warning (notification) of the consumer in the manner specified in this section.

Underpayment of a utility service means that the Owner has a debt to pay for 1 utility service in an amount exceeding the sum of 3 monthly fees for a utility service, calculated on the basis of the utility service consumption standard, regardless of the presence or absence of an individual meter and the tariff for the corresponding type of utility resource , valid on the day of restriction of the provision of utility services, provided that there is no agreement concluded by the Owner-debtor with SNT on repayment of debt and (or) in the event of failure by the Owner-debtor to comply with the terms of such an agreement.

If the Owner does not fully pay for all types of utility services provided to him by SNT, then SNT calculates the Owner's debt for each type of utility service separately.

If the Owner partially pays for utilities and services for the maintenance and repair of public property provided by SNT, then SNT divides the payment received from the Owner between all types of utilities indicated in the payment document and the fee for the maintenance and repair of public property in proportion to the size of each fee, specified in the payment document. In this case, SNT calculates the consumer's debt for each type of utility service based on the partially unpaid amount.;

7.4. If the Owner has not repaid the existing debt under clause 6.5 within 30 calendar days from the date of notification, SNT has the right to suspend the provision of services to the Owner and disconnect him from the infrastructure and utility networks of SNT in the manner prescribed by the Rules for the provision of utility services.

7.5. In the event of a temporary termination or deterioration in the quality of services provided to the Owner under this agreement, which occurred through the fault of SNT, the Owner has the right to send SNT a written claim demanding a corresponding reduction in payments provided for in Appendix 1 to this agreement. The SNT Board is obliged to consider this claim in the manner prescribed by the Rules for the provision of utility services.

7.6. Damage caused to the property of SNT (damage to roads, utilities, infrastructure and other public facilities, unauthorized connection to utility networks and infrastructure of SNT or unaccounted consumption of resources) due to the fault of the Owner is subject to compensation or restoration at his expense within 10 calendar days from the day of drawing up the Act on the violation and the amount of damage, drawn up at the site of the violation in the presence of the Owner or persons living on the premises, and signed by at least three representatives of SNT.

7.7. In case of failure to comply with the requirements of clause 7.6 of the Agreement, the damage caused to SNT is subject to recovery in court. In addition, the Owner will in this case be obliged to pay SNT compensation in addition to damages in the amount of 5,000 rubles.

8. CONTRACT TIME

This Agreement, duly signed by the parties, is valid with January 1, 2013 year until the Parties fully fulfill their obligations under this agreement.

9. TERMINATION OF THE AGREEMENT

9.1. The contract may be terminated by mutual consent of the parties.

9.2. SNT has the right to terminate the Agreement unilaterally in the event of:

9.2.1. termination of ownership rights to home ownership on any basis provided for by the legislation of the Russian Federation;

9.2.2. transferring home ownership as collateral, rent or temporary use to another person;

9.2.3. division of home ownership;

9.2.4. declaring the Owner incompetent in accordance with current legislation.

9.3. In the event of termination of the Agreement on the grounds provided for in clauses 9.1 and 9.2 of this Agreement, the Owner has the right to demand from SNT a refund of the amounts paid by it as targeted contributions (connection payments) for the creation of the relevant facilities, taking into account their depreciation over the service life minus the amount of debt to SNT under this Agreement.

10. FINAL PROVISIONS

10.1. This Agreement is drawn up in two copies having equal legal force.

10.2. All changes and additions under this Agreement must be made in writing and signed by the parties.

10.3. In everything else that is not provided for in this Agreement, the parties are guided by the legislation of the Russian Federation, the Federal Law “On Gardening, Vegetable Garden and Dacha Non-Profit Associations of Citizens” dated 01.01.2001 and the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings , approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354.

10.4. The Parties will strive to resolve all disagreements and disputes arising in connection with this Agreement through negotiations in a spirit of mutual respect.

10.5. If it is impossible to resolve disagreements and disputes between the parties through negotiations, they shall be resolved in accordance with the current legislation of the Russian Federation.

MANDATORY ANNUAL PAYMENTS

ONE-TIME TARGETED PAYMENTS

RATES FOR THE USE OF ACCOUNTABLE CONSUMABLE RESOURCES AND SERVICES

Note: The parties agree that SNT has the right to change the above prices and tariffs due to changes in the cost of operating infrastructure facilities and/or a significant change in the number of users. In this case, this Annex is subject to renewal within a month from the date of introduction of new tariffs.

I am the chairman of SNT. The general meeting of SNT members made a decision on seasonal energy supply to gardeners. from 2013 to 2015 In SNT, about 70 families of gardeners began to actively build houses and permanently reside, who, with the permission of the meeting, were provided with a constant energy supply. The power of the substation is only 100 kW. This year, another 20 applications for year-round energy supply were received. The latter failed due to substation overload. At the general meeting of SNT members, this issue was considered and a decision was made to purchase a substation of greater power by gardeners who want to have a constant power supply and carry out installation work at the expense of gardening. One of these gardeners wrote a letter to the housing inspection for gardening with a complaint about the shutdown of his residential building in the winter. The housing inspection, citing 354 Resolution, requires that the gardener be provided with electricity, despite the submitted minutes of SNT meetings with the decisions made on seasonal energy supply and the submitted certificates about the absence of contracts and personal account with the energy supply organization of the complainant. Are the actions of the housing inspector legal? SNT is not a supplier of utility services; the subject of activity according to the SNT charter is gardening.

Today, many Muscovites prefer to live outside the city limits. Tired of endless traffic jams, overloaded infrastructure, daily stress, and poor ecology, they strive to live in cottage villages. Those who are just planning to move are confused by the fact that if they own country real estate, they will have to take care of the house and land themselves, and the monthly utility bills will “ruin” the family budget.

In our article, we will take a closer look at how utility bills in villages are formed, their dependence on various factors, and what ways there are to save on them.

Size of housing and communal services, depending on connection to centralized networks

In the Moscow region there is a fairly high range of tariffs and prices for housing and communal services. Even in neighboring cottage villages nearby, utility bills can differ significantly.

The size of the communal apartment is influenced by how the cottages are supplied with gas, electricity, methods of water supply, the presence of a sewer system, etc. Depending on which centralized networks the village is connected to, the cost of housing and communal services is determined.

In general, the cost of housing and communal services in cottage villages is most often calculated according to installed meters and, in this regard, does not differ from accounting in city apartments. Payment for gas, water, electricity and sewerage services is made according to the tariffs established by resource suppliers.

Eg, family of 3, to heat a house in winter, can consume gas for an amount from 1,500 to 2,500 rub. per month. During the summer, the amount of payment decreases significantly. It can vary from 200 to 600 rub. per month.

Prices for water supply depend on several factors. In addition to the amount of water consumption, the amount in the receipt is affected by how water system maintenance is organized in the village. The exact amount of the fee is determined by the utility company responsible for supplying water to the house.

Usually for water They charge from 25 to 30 rubles per person. per month. Accordingly, for a family of 3 people it will be about 100 rub. monthly. During the summer, additional surcharges may be charged for watering the surrounding area.

Let's add here the payment for electricity, garbage removal, cleaning and security of the territory. As a result, the owner of a cottage in the Moscow region pays, on average, from 3,000 to 5,000 rub. monthly for utilities. This is in the warm season; in winter this figure can be 2 times higher.

Naturally, there are a lot of buts here: the class of the village, internal tariffs and surcharges, the area of ​​the house, the number of residents, etc. In any case, experience shows that those owners who installed and pay the meters end up paying much less for utilities, compared to those who chose to pay for housing and communal services at standard tariffs.

How much are monthly payments in the villages, and what is included in them?

The cost of maintaining a country house or townhouse is significantly influenced by its location. Housing can be located (in ascending order of utility prices):

• in a village, village, urban-type settlement;
• in old-dacha villages;
• in economy class villages;
• in gardening and dacha partnerships (SNT, DNT, DNP);
• in business class villages;
• in an elite cottage village;
• club residences.

Accordingly, if we take, for comparison, a house of the same area and plot, then in the village a communal apartment will cost the least. And if we “move” the same house to an elite or club community, we will have to pay many times more.

Utility payments in economy class villages include:

1. payment for the supply of water, gas, electricity;
2. lighting of street areas;
3. collection and removal of accumulated waste;
4. road surface maintenance;
5. care of public areas and their improvement;
6. payment for services for protecting the territory.

Those who permanently reside in a business class village, in addition to the above, will additionally pay:

• use of alarm and video monitoring systems;
• services of a private security company (PSC), which patrols the territory of the village;
• dry cleaning, laundry;
• hosting local events;
• the presence of internal infrastructure, including the use of a pond, beach, playground, football field and other amenities located on the landscaped territory of the complex;
• payment for a 24-hour service responsible for servicing plumbing, electrical and other specialized services;
• concierge service.

For cottages and townhouses in elite villages, the following services are additionally included in the payment receipt:

1. payment for various entertainment events organized by the administration for residents and their guests;
2. the presence of a fitness center, equestrian club, yacht club, golf course or helipad in the village is paid for;
3. improvement of the area adjacent to the cottage;
4. care for children or the disabled;
5. daily house cleaning;
6. personal manager services;
7. assistance in preparing lunch or dinner and others.

How much does a communal apartment cost in villages with SNT and DNP status?

Often, utility service provider companies and homeowners enter into a cooperation agreement in the form of a garden partnership (GNT) or a dacha non-profit partnership (DNP). This form of association of tens and hundreds of different owners makes it possible to effectively organize and manage a country village.

Each resident in such settlements is obliged to deposit a certain amount of money monthly (quarterly or annually) into the account of the management organization, which goes towards the improvement and other needs of SNT and DNP. Utility bills can be either included in these fees or paid separately.

A common problem with these contributions is that there is no limit on their size. The law does not regulate maximum tariffs or restrictions on payment terms. All this leads to a significant overpayment for housing and communal services for residents of dachas and cottages.

A common occurrence is that two houses stand across the road, only one is in the village, and the other is in the DNP, the first one pays 500 rubles for electricity, the second one pays 1,500 rubles and stuff like that...

Among other things, managers of a garden or dacha non-profit partnership may unreasonably inflate tariffs for connecting to communications. If you are going to buy a plot of land in SNT or DNP without communications, be aware that you are at great risk of overpaying. Be sure to check the cost of all services before purchasing and document this.

In general, utilities in settlements of this type cost from 5 to 9 thousand rubles monthly. In this case, water and electricity are centrally supplied to each house, and the village administration is responsible for the treatment facilities. Water is supplied from a common well.

Individual and autonomous communication systems

Economy-class cottage communities and budget holiday villages are usually located far from populated areas, so it is quite problematic for their owners to connect to centralized networks. The solution to heating, water supply and sewerage, in this case, occurs through alternative sources:

• gas tanks (autonomous gas systems) are used;
• natural artesian wells are drilled (and water is supplied from them to the house);
• install septic tanks (for wastewater treatment);
• diesel generator sets are used (in case of power outages).

The owners carry out maintenance of all these autonomous systems at their own expense. But practice shows that taking into account installation and maintenance costs, it is still more profitable to use centralized communication networks.

So, on average, the price for a communal apartment in villages with centralized networks, as we have already said, ranges from 3 to 5 thousand rubles. The owner of a house with autonomous communications, taking into account maintenance and repairs, will have to spend almost 2 times more monthly.

Is it possible to reduce utility costs?

In Russia, tariffs for housing and communal services are constantly rising. And many village residents often wonder how to reduce utility costs. To save money, you can use the following techniques:

1. Choose large cottage villages with a large number of houses. In this case, the owners will spend less on utilities and operation, since all costs are distributed among a large number of residents;
2. Install meters to record the consumption of electricity, water and gas;
3. Drill your own well. Before drilling, it is necessary to obtain advice from specialists who will assess whether this can be done in a particular area;
4. It is better to water the lawn and beds in the evening, since the water consumption in this case is much less;
5. The cheapest way to heat a house is with gas. Electricity in the Moscow region is too expensive to be spent on heating;
6. Use water tanks. Use it again to water the court territory.

The use of these simple measures will allow you to significantly save on utility costs.

What happens if you don't pay utility bills?

If there is a delay or refusal to pay for housing and communal services, the owner may face a number of troubles. At first, the management company makes attempts to resolve issues peacefully. If the owner of the property continues to not pay for utilities, then the administration may ban the owner’s car from entering the territory of the village.

There may be other measures:

• filing a lawsuit with a demand to pay not only the debt, but also penalties and fines;
• disconnecting the debtor's house from utilities;
• refusal to remove waste;
• ban on using village infrastructure, etc.

All this can happen at the same time, accompanied by endless litigation, therefore, in order to avoid troubles, it is better to avoid delays in payment, no matter what the reasons.

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CONTRACT FOR SERVICES

Tomsk No. 2-05 05/22/2005

Horticultural non-profit partnership [. ], hereinafter referred to as the CUSTOMER, represented by the deputy chairman of the board B. acting on the basis of the Charter, on the one hand, and the chairman of the board of SNT [. ] Z. hereinafter referred to as the CONTRACTOR, on the other hand, have entered into an Agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. Under the Contract for the provision of paid services, the CONTRACTOR undertakes, on behalf of the CUSTOMER, to provide the services specified in clause 1.2 of the Agreement, and the CUSTOMER undertakes to pay for these services.

1.2. The CONTRACTOR undertakes to provide the following services:

1.2.1. Execute the powers of the chairman of the board specified in paragraph 2 of Article 23 of the Federal Law of April 15, 1998 No. 66-FZ “On gardening, gardening and dacha non-profit associations of citizens” and in the Charter of SNT [. ];

1.2.2. Maintains accounting records in accordance with the Regulations on Accounting in SNT [. ];

1.2.3. Organization of accounting and reporting of the partnership, preparation of the annual report and submission of it for approval by the general meeting of members of the partnership (meeting of authorized representatives);

1.2.4. Performs other duties necessary to ensure the normal operation of the partnership, with the exception of the duties assigned to other management bodies of the partnership;

1.3. The term for the performance of services is set for a period of two years (from one reporting and election meeting to another) and is automatically extended for the next period upon re-election as chairman of the board Z.

1.4. Services are considered provided after the minutes of the reporting and election meeting are signed by the chairman and secretary of the general meeting of members of the partnership.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The CONTRACTOR is obliged:

2.1.1. Provide services with appropriate quality;

2.1.2. Provide services in full within the period specified in clause 1.3 of the Agreement.

2.2. The CUSTOMER is obliged:

2.2.1. Pay for the services at the price specified in clause 3.2 of the Agreement within 15 days from the date of approval of the annual report on the work done at the general meeting of members of the partnership (from the moment the minutes of the meeting are submitted by the chairman of the meeting).

2.3. The CONTRACTOR has the right:

2.3.1. Refuse to fulfill the Agreement in the event of a long-term illness or the occurrence of other circumstances beyond the control of the CONTRACTOR;

2.3.2. Refuse to perform the Agreement if the CUSTOMER fails to fulfill the obligation to pay the established price (remuneration or costs associated with the provision of services).

2.4. The CUSTOMER has the right:

2.4.1. At any time, check the progress and quality of work performed by the CONTRACTOR, without interfering with his activities;

2.4.2. Refuse to perform the Agreement at any time before the next annual meeting by paying the CONTRACTOR part of the established price in proportion to the part of the services provided before receiving notice of the CUSTOMER’s refusal to perform the Agreement.

3. CONTRACT PRICE AND PAYMENT PROCEDURE

3.1. The Contract price consists of:

3.1.1. Remuneration to the CONTRACTOR according to the approved income and expense estimate;

3.1.2. Amounts of CONTRACTOR's costs according to the approved income and expense estimate.

3.2. Payment by the CUSTOMER to the CONTRACTOR of the price of the Contract is carried out by transferring funds to the CONTRACTOR's bank account specified in the Contract.

4. RESPONSIBILITY OF THE PARTIES

4.1. Liability measures not provided for in the Agreement are applied in accordance with current legislation.

4.2. The chairman of the board of a partnership, when exercising his rights and obligations, must act in the interests of the partnership, exercise rights and obligations in good faith and reasonably.

5. DISPUTE RESOLUTION PROCEDURE

5.1. Disputes and disagreements that may arise during the execution of the Agreement will, if possible, be resolved through negotiations between the parties.

5.2. If it is impossible to resolve a dispute through negotiations, the parties, after implementing the procedure for pre-trial settlement of disagreements provided for by law, submit them for consideration to the Arbitration Court of the Tomsk Region.

6. FINAL PROVISIONS

6.1. Any changes and additions to the Agreement are valid only if they are made in writing and signed by the parties. The annexes to the Agreement constitute its integral part.

6.2. The Agreement is drawn up in two copies, which are identical and have equal force. Each party has one copy of the Agreement.

7. ADDRESSES AND DETAILS OF THE PARTIES

Source: http://snt.pp.ru/pages/articles/damage/zib_trudovoy_dogovor.htm

Contract or service agreement?

The difference between a contract and paid services is that the result

the contract is the work performed. which, as a rule, has a materialized version. You can touch and see the result. Build, repair, sew, dig, lay pipes.

Re: Contract or service agreement?

PLEASE CRITICIZE

I sketched out a template:

CONTRACT AGREEMENT No. 1 -2013

Horticultural non-profit partnership." "(OGRN. INN. KPP.), hereinafter referred to as the "Customer", represented by the chairman of the board, full name acting on the basis of the Customer's Charter, on the one hand, and full name (date of birth DATE; registered under address ADDRESS; passport. issued. DATE), hereinafter referred to as the “Contractor”, on the other hand, guided by the Civil Code of the Russian Federation No. 14-FZ of January 26, 1996, Federal Law “On Gardening, Trucking and Dacha Non-Profit Associations of Citizens” No. 66-FZ dated April 15, 1998, by decision of the Customer’s board dated January 13, 2013, we entered into this contract agreement as follows:

1. The Subject of the Agreement

1.1 The Contractor undertakes to perform the following work under this contract: clear snow from the street intersection. And. hereinafter referred to as the “Object”, limited by the Customer’s entrance gates, the fence of plot no. fence of the site.

1.2 The Customer undertakes to accept the work performed and pay the Contractor the price established by the contract.

1.3 Upon completion of the work, the Contractor hands over, and the Customer accepts, according to the Certificate, the work performed by the Contractor.

2. Obligations of the Contractor

2.1 The Contractor undertakes:

2.1.1 carry out the work on our own in accordance with clause 1.1 of this contract, with high quality and within the time limit established by clause 7.2 of this contract;

2.1.2 comply with fire safety rules and observe safety precautions during the period of work until delivery under the Certificate of Completion;

2.1.3 deliver the Facility to the Customer after completion of the work under this contract in a condition allowing immediate operation of the Facility.

3. Contractor's rights

3.1 The Contractor has the right:

3.1.1 engage third parties to perform work under this agreement.

4. Obligations of the Customer

4.1 The Customer undertakes:

4.1.1 make payment to the Contractor within the time limits established by this agreement;

4.1.2 within seven days after receiving notification from the Contractor about the readiness of the Object for delivery, create a commission to accept the work performed and sign the Certificate of Completion. If necessary, this commission draws up a list of deficiencies in the work performed.

5. Rights of the Customer

5.1 The Customer has the right:

5.1.1, in agreement with the Contractor, change the scope of work under this contract while simultaneously adjusting the contract price;

5.1.2 at any time check the progress and quality of work performed by the Contractor, without interfering with his activities;

5.1.3 refuse to perform the contract and demand compensation for damages if the Contractor does not begin to fulfill this contract in a timely manner or performs the work so slowly that completing it on time becomes clearly impossible.

6. Contract price and payment procedure

6.1 The cost of work performed under this agreement is AMOUNT (AMOUNT IN CAPTION) rubles AMOUNT kopecks.

6.2 The cost specified in clause 6.1 of this contract is final for the scope of work determined in accordance with clause 1.1 of this contract.

6.3 If there is an agreed change in the scope of work, the cost may be changed with the signing of an additional agreement to this contract.

6.4 The Customer pays the Contractor the amount specified in clause 6.1 of this agreement within one day after signing the Certificate of Completion.

7. Work completion time

8. Responsibility of the parties

8.1 If the Contractor fails to properly fulfill its obligations within the time limits provided for in section 5 of this agreement, the Customer withholds from the amount specified in clause 6.1 of this agreement 1/300 of the refinancing rate established by the Central Bank of the Russian Federation for each day of delay in work, but not more than 70% of the cost of work under this contract.

8.2 If the Customer fails to fulfill its payment obligations within the terms stipulated by this agreement, the Customer shall pay in addition to the amount specified in clause 6.1 of this agreement 1/300 of the refinancing rate established by the Central Bank of the Russian Federation for each day of delay in payment, but no more 70% of the cost of work under this contract.

8.3 Payments and/or deductions specified in clause 8.1 and clause 8.2 do not relieve the parties from fulfilling their obligations under this agreement.

8.4 For failure to fulfill or improper fulfillment of obligations under this agreement, the parties are liable in accordance with current legislation.

8.5 The risk of accidental loss or accidental damage to materials and/or equipment purchased by the Contractor to perform work under this contract is borne by the Contractor.

8.6 The risk of accidental death or accidental damage to the result of the work performed before its acceptance by the Customer is borne by the Contractor.

8.7 The quality of the work performed is checked by the Customer upon its delivery and acceptance and is recorded in a Certificate signed by representatives of the Customer and the Contractor.

8.8 The Contractor is responsible for the quality of the work performed in accordance with current legislation.

8.9 The Contractor is responsible for the actions of his performers if he has engaged them to perform work under this contract.

8.10 In all relations with third parties in connection with the fulfillment of the terms of this agreement, the Parties act on their own behalf. Each Party is not responsible for the obligations of the other Party in relation to third parties.

8.11 Each of the Parties is released from liability for partial or complete failure to fulfill obligations under this agreement if it proves that it was a consequence of force majeure circumstances that arose after the conclusion of this agreement as a result of extraordinary events, such as: fire, explosion, flood, earthquake , strike, government bans and other force majeure circumstances that the Party could neither foresee, nor prevent, nor take the circumstances into account when concluding the contract. Exemption from liability is valid only for the period during which these force majeure circumstances and their consequences exist.

When the above circumstances occur and cease, the Party must immediately notify the other party in writing.

The notice must contain information about the nature of the circumstances and their impact on the Party’s ability to fulfill its obligations under the contract, as well as the expected period of its fulfillment.

In the above cases, the deadline for the Parties to fulfill their obligations under the agreement is postponed in proportion to the time during which such circumstances and their consequences apply.

If such circumstances continue to apply for more than 1 month, each of the Parties has the right to withdraw from the agreement.

9. Dispute resolution procedure

9.1 Disputes arising between the parties in connection with the execution of this agreement are resolved through direct negotiations between the Contractor and the Customer.

9.2 If the dispute is not resolved through negotiations, it will be resolved in court.

10. Final provisions

10.1 This agreement is drawn up in two copies having equal legal force. One copy is kept in the Customer’s files, the second is kept by the Contractor.

10.2 This agreement comes into force from the moment it is signed and is valid until the Parties fulfill their obligations under this agreement.

10.3 The terms of this agreement may be changed by mutual agreement of the parties. Any changes to the terms of this agreement are formalized in the form of an additional agreement signed by the parties, which is an integral part of this agreement.

10.4 In all other respects that are not provided for in this agreement, the current legislation of the Russian Federation shall apply.

11. Signatures of the parties

CUSTOMER

Horticultural non-profit partnership." ",

Source: http://www.snt-forum.ru/forum/viewtopic.php?t=1918

SNT - a territory of lawlessness?

Is SNT some kind of strange organization with unclearly defined functions and rights?

Let's look at the example of our SNT, violations of the legislation of the Russian Federation, which are committed by the chairman of the board, the board and the general meeting of SNT.

Recently, the chairman of SNT developed a new agreement “On the use of electricity on the territory of SNT”, proposed it for consideration at the general meeting of SNT and was adopted.

Let us consider the provisions of this document in more detail.

The agreement is concluded between the legal entity SNT and the consumer of electricity - a gardener.

From the name of the agreement it is clear that the subject of the agreement is electricity.

It follows from the Civil Code of the Russian Federation that a person (individual or legal) who allows another person to use something must have the legal right to own the subject of the contract.

Does the legal entity SNT legally own electricity in order to enter into an agreement with the gardener for the use of electricity.

2. The terms used in this document mean the following:

“retail market entities” - participants in relations for the production, transmission, purchase and sale (supply) and consumption of electrical energy (power) in retail electrical energy markets (hereinafter referred to as retail markets), as well as for the provision of services that are an integral part of the supply process electrical energy to consumers;

“consumer” - a consumer of electrical energy who purchases electrical energy (power) for his own household and (or) production needs;

“buyer” - a buyer of electrical energy who purchases electrical energy (power) for the purpose of selling it, as well as a utility provider who purchases electrical energy (power) for the purpose of using it in the provision of utility services for electricity supply, as well as in the absence of centralized heat supply and (or) hot water supply - for the purpose of its use in the provision of utility services for heating and (or) hot water supply (hereinafter referred to as the provider of the utility service);

3. Subjects of retail markets are:

consumers;

utility service providers;

guarantee suppliers;

energy sales and energy supply organizations;

producers of electrical energy (power) in retail markets;

network organizations.

SNT "Romanovka" entered into a sham agreement with OJSC "Oblenergosbyt" in which the legal entity is end consumer .

Legal entity SNT "Romanovka" is not a provider of public services. illegally resells electricity to gardeners. To do this, you need to obtain a license, but the legal entity SNT does not have a license for this type of activity. The SNT Charter does not declare the type of activity for selling electricity to gardeners.

Article 426 of the Civil Code. Public contract

1. A public contract is an agreement concluded commercial organization and establishing its responsibilities for the sale of goods, performance of work or provision of services, which such an organization, by the nature of its activities, must carry out in relation to everyone who contacts it (retail trade, transportation by public transport, communication services, energy supply, medical, hotel services and etc.).

SNT "Romanovka" - organization not commercial. And he has no right to enter into an agreement with a supplier of last resort for the sale of electricity to gardeners.

This agreement is of a fictitious nature, and for this reason the agreement may be declared void by the court.

The preamble to the Treaty reads:

“An Agreement on the rules for using electricity must be concluded between the gardener who has a connection point to the electrical networks of 0.4 kV power lines and the board of the Horticultural Non-Profit Partnership. The absence of such an agreement is considered a gross violation.”

The absence of an agreement is not a serious violation.

Such agreements are not public, i.e. binding on one or both parties.

Clause 1.1. The Partnership undertakes to transmit electrical energy to the consumer via a 0.4 kV power transmission line, which is a public facility from the demarcation line with the electricity supplier to the demarcation line with the Electricity Consumer (power line supports, tap P645). The consumer undertakes to reimburse the Partnership for the amount of electrical energy received during the billing period at the tariffs and in the manner established by this Agreement (spelling is observed).

According to the agreement with the guaranteeing electricity supplier, the legal entity SNT is the final consumer, therefore, it cannot transfer electrical energy to the consumer in any way.

And this clause of the contract is feigned.

The partnership undertakes to transmit electricity without having any rights to do so, but pretends that it has the right to transmit electricity.

Clause 1.1. The consumer undertakes:

Clause 1.1.1. Reimburse through payment to the Partnership the amount of electricity actually received in accordance with the current tariffs approved by the State Committee “Unified Tariff Authority of the Moscow Region” for the category “population” based on the readings of an individual meter (meter).

The State Committee “Unified Tariff Authority of the Moscow Region” does not exist. There is a committee on prices and tariffs of the Moscow region under the government of the Moscow region.

If the legal entity SNT does not have the right to transfer electricity to gardeners, then the gardener does not have the obligation to reimburse the amount of electricity through payment.

Clause 2.1.5. Compensate for the Partnership's costs associated with stopping the supply of electrical energy to the Consumer in the cases provided for in clause 2.5.2. of this agreement and restoration of electricity supply.

If the SNT legal entity does not have the legal authority to transmit electricity to gardeners, then gardeners do not have the obligation to compensate the legal entity’s costs associated with the transmission of electricity.

Clause 2.1.6. Ensure unimpeded access for authorized representatives of the Partnership to metering facilities to inspect metering devices, their connection diagrams, instruments, units and intra-house network for the purpose of checking the conditions of its operation and safety. The results of the inspection are documented in a corresponding act.

The legal illiteracy of the compiler of this document is amazing.

Unimpeded access to the gardener's metering devices for authorized representatives of the Partnership with unclear rights can be ensured only with the consent of the owner of the site.

And unhindered access of authorized representatives of the Partnership with unclear rights to inspect devices, units and the intra-house network for the purpose of checking the conditions of its operation and safety according to PP No. 442 is illegal.

Responsibility for the operation and safety of devices, units and intra-house network lies with the owner of the site. Rostechnazor has long been deprived of the right to supervise electrical installations of owners with a capacity of up to 100 kW A.

The legal entity SNT, with the help of this agreement, wants to obtain exclusive rights to supervise the electrical installations of the owners abroad, operational responsibility and balance sheet affiliation with the owners.

It is not clear from the Agreement how the legal entity SNT will ensure the safety of devices, units and the intra-house network on the owner’s property.

Clause 2.1.9. Fully compensate for losses to the Partnership arising due to the fault of the Consumer.

If the legal entity SNT does not have the legal authority to transfer electricity to gardeners, then the gardeners do not have an obligation to compensate for the Partnership’s losses associated with the transmission of electricity.

Clause 2.5.3. The Partnership has the right:

Clause 2.5.3. Stop supplying electricity to the Consumer after notification, if:

e) failure to conclude an agreement “On the use of electricity in the territory of SNT.

This provision can be considered as a compulsion to conclude an agreement.

The Civil Code of the Russian Federation says:

Article 421. Freedom of contract

1. Citizens and legal entities are free to enter into contracts.

Compulsion to enter into an agreement is not permitted, except in cases where the obligation to enter into an agreement is provided for by this Code, the law or a voluntarily accepted obligation.

Clause 4.3. …. By decision of the SNT Board, power supply to the Consumer may be terminated until the debt is liquidated (in accordance with clause 2.5.3 of this Agreement.

Clause 4.4. The consumer pays the Partnership compensation in the amount of 500 rubles for the first violation, and 2000 rubles for each subsequent violation.

The right to limit and stop the supply of electricity according to the legislation of the Russian Federation is granted only to providers of public services for the supply of electricity to citizens, guaranteeing electricity suppliers and network organizations.

Is the legal entity SNT a provider of utility services, a guaranteeing supplier or a network organization?

The provisions of PP No. 442 “On the functioning of retail markets for electrical energy, complete and (or) partial restrictions on the consumption of electrical energy” dated May 4, 2012 are applicable to members of SNT and individual gardeners.

It states that the right to initiate, in the prescribed manner, the introduction of full and (or) partial restrictions on the consumption of electrical energy to consumers is granted only to the guaranteeing electricity supplier and the network organization.

Without providing electricity transmission services, SNT, in accordance with the provisions of PP No. 442, does not have the right to initiate and introduce restrictions on the Consumer’s consumption regime. Restrictions on the Consumer's consumption mode may take place with the participation of SNT - a sub-contractor on the initiative of the guaranteeing supplier or network organization.

The legal entity SNT, without having the authority to do so, illegally arrogated to itself the functions of a provider of public services, a supplier of last resort, a network organization and illegally introduced into this agreement measures to disconnect consumers and levy penalties for disconnection and connection.

The title of Appendix No. 1 reads: Technical conditions for connecting the Consumer to the Partnership’s electrical networks.

The legal entity SNT does not have any authority to draw up technical conditions for connecting the Consumer to the Partnership’s electrical networks.

SNT is not a network organization, the functions of a legal entity for the resale of electrical energy to gardeners are not legally formalized, the legal entity SNT is not the owner of electric networks, and does not have electric networks on its balance sheet of fixed assets. Electric networks are ownerless.

Many points of the “technical conditions” are overstated in comparison with regulatory legal acts in the field of energy, violate the rights of owners and, therefore, are illegal.

Clause 3.2. Violates the rights of owners. The input wire may have a break from the overhead line support to the meter.

Clause 5.2. Violates the rights of owners. According to the PUE, the electricity meter can be located in the consumer’s home.

Clause 5.4. Violates the rights of owners. The electricity meter must have an accuracy class of not less than 1, but not less than 2.

Clause 5.5. “The meter must be electronic.”

Violates the rights of owners. Electromechanical electricity meters are also included in the register of measuring instruments of the Russian Federation.

Clause 6.2. “The maximum operating current of circuit breakers should not exceed 16A.” Violates the rights of owners.

Clause 7.2. “Internal network wires must be double insulated.” Violates the rights of owners. In some cases, they shouldn't.

Clause 8. Grounding requirements.

There may not be a ground loop. Violates the rights of owners.

1. The Agreement is fictitious in nature, and for this reason the Agreement may be declared void by the court. SNT does not own the subject of the Agreement, SNT is not a network organization, the functions of a legal entity for the resale of electrical energy to gardeners are not legally formalized, the SNT legal entity is not the owner of electric networks, and does not have electric networks on its balance sheet of fixed assets. Electric networks are ownerless. And for these reasons, SNT does not have the right to conclude an Agreement “On the Use of Electricity.....” with the consumer of electrical energy.
2. It can be stated that the Chairman of the Board, when drawing up this Agreement, did not act in the interests of the SNT members and was unreasonable.

It is reasonable to comply with the legislation of the Russian Federation. ​