What utilities can be disconnected for non-payment. The Supreme Court banned the disconnection of utilities for debts

Owners and tenants of premises in apartment buildings are required to pay utility bills. An extreme but effective measure to combat non-payments is to limit and suspend the provision of public utility services (CS).

Limiting the provision of a utility service is, for example, cutting off electricity during certain hours. If this is not enough and the debt continues to accumulate, you can completely suspend the provision of CG until the debt is repaid.

Characters:

  • executor - the organization managing the apartment building (UO, HOA, residential complex, housing cooperative), that is, you;
  • the debtor is the owner or tenant of the premises in the apartment building.

At the end of last year, the procedure for limiting the provision of utility services changed. As before, to introduce a restriction or suspension of the provision of utilities, one must be guided by 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 dated May 6, 2011 No. 354 (hereinafter referred to as Rules No. 354). Read about what he became in this article:

  • when it is possible to introduce a restriction on the provision of CG;
  • how to notify the debtor;
  • when to proceed with the suspension of the provision of CG.

This article also provides an overview of judicial practice related to access to the premises of apartment buildings for the purpose of introducing restrictions or suspension of civil rights. As a rule, court decisions in such cases are made in favor of the housing association and housing associations.

  • Restriction on the provision of public services: legal grounds

When is it possible to limit the provision of utility services?

You can limit the provision of CG if, after a warning, the debtor does not pay the debt or does not comply with the agreement to repay it.

The amount of debt for one utility service must exceed the sum of two monthly fees for this utility service. This is defined by paragraphs. 117, 118 of Rule No. 354. Previously, you could limit the provision of CG 30 days after a written warning.

Reference

The consumer's debt for utilities is calculated depending on the payment for the provided utilities:

  • if the consumer does not pay all types of utility services in full, then the contractor calculates the debt for each type of utility service separately;
  • if the consumer partially pays for utilities and services for maintaining a residential premises, then the contractor divides the payment received between all types of housing and communal services indicated in the payment document in proportion to the size of each payment indicated in the payment document. That is, the debt is calculated for each type of utility service based on the partially unpaid amount.
  • Devices for limiting water disposal: legality of use

How to notify a debtor

First of all, you must notify the debtor in writing about the introduction of the restriction.

Send him a written warning indicating that in case of failure to pay arrears in payment for a utility service within 20 days from the date of delivery of the notice, the provision of such utility service will be first limited and then suspended.

You can deliver a warning to the debtor in one of the following ways:

  • hand over against receipt;
  • send to the debtor by registered mail (with acknowledgment of delivery);
  • include warning text in the payment document.

Possible methods of delivering notice to the debtor are listed in sub. “a” clause 119 of Rules No. 354.

You can also notify in another way that confirms the fact and date of its receipt by the consumer, including transmitting voice information over a fixed telephone network or transmitting a message:

  • via a mobile radiotelephone network to the consumer’s user equipment;
  • by telephone call with a recording of the conversation;
  • by email;
  • through the consumer’s personal account in the GIS Housing and Communal Services or on the official page of the contractor on the Internet.

An agreement containing the conditions for the provision of utility services may establish a different procedure for notification of the upcoming restriction of provision.

Important!

Send notice of the introduction of a CG restriction not only to the owners, but also to the persons actually registered and living in the apartment. This obligation follows from the definition of the term “consumer”.

  • Restriction and suspension of utility services for non-payment

When to start the procedure for limiting utilities

You can suspend the provision of utility services if, after ten days from the date of introduction of the restriction, the debt has not been repaid. From January 1, 2017, you do not have to provide additional notice of the suspension of the provision of CG.

If the house does not have the technical ability to introduce a restriction, then without a preliminary restriction you can immediately suspend the provision of CG. In this case, the procedure for notifying consumers will be the same as for notification of a restriction. This follows from paragraph. “c” clause 119 of Rules No. 354.

After the provision of a utility service has been restored, you have the right to demand from the debtor reimbursement of expenses associated with the introduction of restrictions, suspension and resumption of such utility services (clause 121 (1) of Rules No. 354).

Judicial practice related to restriction or suspension of public services

Often, due to the technical features of utility networks, suspension of utility services is possible while carrying out work in the debtor’s apartment. Problems arise with access to the apartment: the debtor refuses to provide it.

In this case, you have only one option - to go to court with a claim to ensure access to common property located in residential or non-residential premises in order to carry out work to limit the CG.

Let's look at some practical examples of limiting utility services.

Example

Appeal ruling of the Moscow City Court dated October 16, 2015 in case No. 33-31242

Situation. The management company filed a lawsuit against the owners for an obligation to provide access to the residential premises in order to suspend the provision of public hot water supply and sewerage services.

The plaintiff's arguments. The defendants were repeatedly sent notices of the need to repay their existing debt with a warning that if it was not repaid, the provision of utility services could be suspended. The defendants did not pay off the utility bills and did not provide access to utility networks in the apartment to limit water supply services. They did not appear at the court hearing.

The court's position. The court found that the procedure for notifying the defendants had been followed. After receiving notifications about the debt, utilities were not paid, the owners are preventing access to intra-apartment hot water supply networks.

Results of the case consideration. The court satisfied the stated requirements for providing access to the hot water supply system, consisting of risers, branches from the risers to the first shut-off device located on the branches from the risers, the specified shut-off devices, the hot water control unit, the first shut-off and control valves on the branches of the intra-apartment wiring from the risers. If there are structures in the residential premises that impede access to communications, the court decided to ensure the forced dismantling of these elements by the UO.

This decision is one of the most successful examples in judicial practice. The court indicated which system and to suspend which public services the debtor must provide access to.

There are also refusals to provide access to residential premises in order to suspend utilities. For example, if minors are registered in the apartment.

  • Suspension of public services: some practical issues

Example

Decision of the Koptevsky District Court of Moscow dated June 22, 2015 in case No. 2-2094/2015

The UO filed a claim in court seeking an obligation to provide access to residential premises to limit the provision of hot water supply and sanitation.

The court rejected the claim, noting that there were minors registered in the apartment who do not have full civil capacity and cannot be responsible for paying utility bills on their own. No evidence of an alternative place of residence for the children was presented to the court.

The court also came to the conclusion that if hot water supply and sewerage are suspended, the disputed apartment will lose the quality of a full-fledged dwelling. Suspension of CG will lead to a violation of children's rights. This conclusion was made based on the technical features of the MKD structure.

The procedure for introducing CG restrictions has become simpler since January 1, and it is possible and necessary to sue debtors.

According to the Housing Code of the Russian Federation, every owner or tenant of housing is obliged to pay utility bills on time. Non-payers who have a large rent arrears can get into a lot of trouble. People who have debts on utility bills face not only fines, but also legal proceedings. The debtor may have his electricity, water and other resources cut off. In the worst case, a person in debt faces eviction for non-payment of utilities. To understand what kind of punishment will be applied in a given case, it is necessary to study the current legislation of 2019, which spells out all the rules, duties and responsibilities for partial or complete non-payment of utility bills of citizens living in an apartment building.

New law on utility debtors

Every year utility tariffs increase. 2019 was no exception for citizens of the Russian Federation. At the beginning of last year, a new law was adopted to tighten liability for debtors in payment for housing and communal services. What the new law implies and what punishment is provided for willful defaulters, we will consider further in the article.

If there is arrears for housing and communal services (rent): what will happen, what the threat is, can they be evicted for the debt, liability, punishment

How to collect debt from citizens living with the owner or responsible tenant under a rental or social tenancy agreement? If it is impossible for the tenant (owner) to pay for utilities, the plaintiff (representative of the resource supply organization) has the right to collect the debt from any of the legally capable persons living with him. This is called joint and several liability.

  1. The management company or the organization engaged in the supply of resources sends a corresponding notification to the defaulter’s address about the disconnection of utilities due to the debt;
  2. the company may partially or completely stop the supply of water, heating, gas or electricity if, at the end of the month, the citizen does not repay the existing debt (usually organizations first turn off housing and communal services partially and only then completely);
  3. Subscribers are provided with special seals on metering devices both inside and outside the residential premises (they are removed only after bills are paid).

Does a homeowners association have the right to turn off electricity for rent arrears and in what cases?

The restriction is imposed for a maximum of a month. If this measure does not achieve the desired result and the debtor continues to avoid paying the debt, the service provider must send a third notice. In it, the consumer is notified that the supply of the resource will be stopped until the debt is repaid.

The procedure for disabling or limiting is as follows. First of all, the contractor must send a warning (notice) to the consumer-debtor in writing that in case of failure to repay the debt for utility services within 30 days from the date of delivery of the notification, the provision of utility services to him may be first limited and then suspended. This notice is given against signature or sent by registered mail, always with a description of the attachment. If the debt is not repaid within this period, the contractor again warns about the introduction of a restriction or suspension. Thus, this preliminary procedure lasts at least 33 days.

Utility debts: law on debtors 2019

  • For citizens - owners of residential premises, housing cooperatives and homeowners associations: from the 31st to the 90th day of delay, the penalty is set at 1/300 of the rate, from the 91st day - 1/130 of the rate.

Important! During the first month, penalties for non-payment of housing and communal services by individuals in 2019 will not be assessed.

  • For consumers.
  • For management companies.

Non-payment of utilities

But there are also those who simply do not want to pay the bills. Elementary carelessness and hope for “maybe” contribute to the growth of debt exponentially. The law has become more stringent and in 2019 there are prerequisites for further tightening, since those who pay everything carefully began to suffer because of defaulters.

Power cut due to non-payment of rent

In order for the energy supplier to limit or turn off the electricity in the debtor’s apartment, the delay must be at least six months. But in addition to having a debt, you will also need to follow a certain procedure. In particular, the debtor must be notified.

Disconnection of utilities for non-payment

In addition to the tenant’s debts, other grounds are established that allow the governing body to terminate public utility services:

  • the tenant independently, regardless of the decision of the housing authority, connects to utility networks and provides himself with utility resources;
  • the use of devices whose power does not correspond to the network loads;
  • poor maintenance of apartments, which led to accidents and other problems;
  • non-payment, and it must be no less than the amount of debt for three months.

Basic provisions of the rent law

In the case of utility payments, the statute of limitations is considered to be the time period during which interested persons or organizations can appeal to higher courts to protect their rights. It is worth noting that the general statute of limitations in such relationships is 3 years.

Debts for an apartment in 2019: what consequences may you have?

Since June 2019, the procedure for collecting debt for housing and communal services has been simplified. When submitting documents, the court makes a positive decision within 5 days without a public hearing. The debtor is given 10 days to cancel the court order - to do this, it is enough to write a statement indicating that the calculation is incorrect or the claims are unfounded. In this case, the decision will be reversed and the utility will need to re-file the claim. After this, the case will be considered in a general manner with both parties summoned.

The fight against debtors - non-payers of utility services, claims from management companies, homeowners associations

This is possible by notifying the owner of the apartment in advance, within 3 days. Those. a person is given the right to repay the debt in full. If the amount is not received or he does not appear at the HOA with a document confirming payment (cash receipt, receipt), they have the right to turn off the electricity.

Debt for utilities

According to paragraph 118 of the Resolution: If the consumer does not fully pay for all types of utility services provided, then the contractor calculates the debt for each type of utility service separately. And if the consumer partially pays for services, including for the maintenance and repair of residential premises, then the contractor divides the payment received between all types of services indicated in the receipt in proportion to the size of each payment indicated in the payment document. The debt, in turn, is calculated for each type of utility service based on the partially unpaid amount.

Disconnection of utilities for non-payment

When, during a disconnection, apartments in the neighborhood and common property also suffer, then the disconnected service must be resumed. The subscriber, with the exception of the amount related to the debt, will additionally have to reimburse the costs of disconnection. They equal approximately 6 thousand rubles and are usually immediately added to the total amount.

Increasingly, management companies are using power outages for non-payment of utilities, the procedure for which in 2019 is determined by law. This method is used to combat debtors, through whose fault supplying organizations annually lose large sums. Let's consider at what amount of debt it is possible to disconnect utilities for non-payment, and how this should happen.

The obligation of owners and tenants of municipal apartments to pay for the received housing and communal services, that is, electricity, water, gas, sewerage, cleaning of staircases, etc., is established by the Housing Code. An agreement on utility services is concluded between the homeowners and the management company, where this condition is once again stated. Therefore, late or incomplete payment by the consumer is a breach of contract.

In response to this, can the management company terminate the contract and not deal with the violator of the agreement in the future? No, this possibility is not provided for by law. But the supplier has the right to limit or temporarily stop providing a number of services as a measure of enforcement. This is recorded in the regulatory act - Government Resolution No. 354, the last changes to which were made in mid-2017. According to this document, there are two situations when such actions of the management company are legal:

  • debts on utility payments;
  • use of services without a contract.

The law deals separately with emergency situations. Shutting off electricity or water is not a way to punish debts if it occurs under the following circumstances:

  • accident or threat thereof;
  • weather disasters;
  • regulations of supervisory authorities;
  • carrying out emergency repair work.

Are there other ways

Shutting off electricity for non-payment of utilities by residents in 2019 is not the only way to encourage residents to pay off debts. Instead of turning off the power or water, the management company can go to court. Today, a simplified review procedure is proposed for the consideration of such applications. The service provider does not file a lawsuit, but rather an application for a court order.

Since the management company’s demand is not only absolutely legal, but also indisputable, a court order will be issued within five days. A copy of such a decision is sent to the debtor along with an offer to pay the resulting debt. If no action is taken in response, the order is sent to the bailiffs for execution.

Most often, bailiffs contact the bank where the debtor has an account. At the request of the bailiff, the existing amount of debt for electricity or water will be written off from the account automatically, without the consent of its owner. However, management companies prefer to act in a way that gives faster results: limiting or completely cutting off electricity for debts. This is also legal and less troublesome.

Will the lights be turned off for rent arrears?

The pay slip for a utility includes not only electricity, but also many other services. Limiting or disabling some of them is impossible in principle. It is prohibited by the rules for the provision of utility services to limit those on which the possibility of using residential premises depends. This list includes heating during the cold period, cold water supply and sewerage. But it is permissible to turn off electricity for non-payment, as well as gas and hot water.

Resolution No. 354 states that the right to disconnect the service is exercised in case of non-payment. To do this, representatives of the management company seal the relevant equipment, both outside the debtor’s apartment and inside it. In other words, it is legal to turn off the lights for accumulated debts on electricity, water - on water supply, etc.

In this case, do they have the right to turn off the electricity if a debt has been incurred for heating? Yes, they do, since all utility networks inside the house are the responsibility of the management company, and not the electricity supplier. This is part of the very utilities for which the debt has accumulated. In addition, in winter, turning off or limiting heating is impossible by law. To shut off the water, it is necessary to seal the equipment inside the apartment, where its owner has every right not to allow outsiders. It is much easier to carry out work in a distribution cabinet outside of private territory.

At what amount of debt can electricity be turned off?

As a measure of influence on debtors, some management companies post information in the entrances about the amount of debt of a particular apartment. The amounts reflected in such advertisements reach two tens of thousands of rubles. This kind of debt has been accumulating for years. However, you should not take this information as a guide to action.

The law allows turning off the lights for non-payment of utilities already when they have not been paid for two months.

However, it is not necessary that they come in a row. We are talking about an amount equal to twice the monthly payment. Previously, it was possible to accumulate debt by paying a small amount each month. This path is no longer available. As soon as the amount of debt exceeds a certain threshold, the management company has the right to begin restrictions.

Is it possible to do without shutdowns? If the debt for utilities has not yet accumulated, but the apartment owner’s income does not allow him to pay in full on time, you should apply for a housing subsidy. This is a monthly payment prescribed by the social security service for six months. Receiving it will allow you to avoid accumulating debts until your own financial situation is improved.

How it all happens

To turn off the lights, debtors are prescribed a strictly defined restriction procedure. First comes a written warning. This could be a registered letter, a notice delivered against signature, an email or a telephone call from an auto-informer. From the moment of receipt, the owner has 10 days to repay the debt. The method of making the payment does not matter, the main thing is to meet the deadline. In the absence of such a warning, all further actions of the management company will be illegal.

Can the power be turned off if 10 days have passed and the debt has not been paid? Yes, but the management company is waiting another 10 days. This is the maximum possible delay. Then the master comes, switches the lever or disconnects the wire in the distribution cabinet located on a common staircase or landing, locks and seals it. In new homes, you can limit the supply of electricity remotely, using special equipment.

After disconnection, it will be possible to access the service only if the debt itself is paid and work on suspension and resumption is carried out. By law, all costs associated with disconnecting and restoring the supply of utilities disconnected for debts are borne by the homeowner. The amount can be included in the next payment or paid in advance through the bank.

How to achieve full resumption of services

To receive a full set of utility services without restrictions, you must pay off the resulting debt. This is an indispensable condition. In the next 24 hours after receiving information about the payment, the supply of electricity will be restored in full.

If finances do not allow you to do this, then you can try to negotiate with the management company. An agreement is concluded with the debtor on the restructuring of his debt, indicating the terms of full repayment and the amount of the monthly payment. As a rule, this requires paying at least 50% of the existing debt at once, but other options are also possible.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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Every year utility tariffs increase. 2017 was no exception for citizens of the Russian Federation. At the beginning of last year, a new law was adopted to tighten liability for debtors in payment for housing and communal services. What the new law implies and what punishment is provided for willful defaulters, we will consider further in the article.

The procedure for paying for utilities is regulated by the Housing Code. According to Article 153 of the Housing Code of the Russian Federation, this is the responsibility of every citizen, including legal entities, who rent any premises. Housing and communal services include:

  • payment for hot and cold water;
  • making payments for electricity (study);
  • making payments for heating;
  • and gas supply.

According to Article 155 of the Housing Code of the Russian Federation, there is a certain period during which utilities must be paid. Payment is made every month before the 10th day upon receipt of the corresponding payment document. Military personnel, veterans and other categories of citizens enjoy payment benefits.

The maximum delay in payment for utilities can be 31 days. Previously, penalties were accrued for a month of delay; now penalties are accrued for 31 days of failure to make payments. To use installment plans and deferments, valid reasons for delaying payment are required. These include:

  • serious disease;
  • loss of position or sole breadwinner.

In any of the above cases, documentary evidence of the facts will be required.

What are the consequences of non-payment of utility bills?

The new law on non-payment of utilities involves the accrual of penalties for debtors who do not pay bills on time for utilities. Federal Law No. 307 discusses the procedure for calculating penalties for non-payment. Amendments have been made to the law to increase consumer discipline.

The main methods of dealing with persistent defaulters are:

  • accrual of penalties;
  • imposing restrictions or suspension of utility services;
  • The last resort is eviction from the apartment with the help of the court.

Let's consider the above methods of punishment for late payments carried out by utility providers later in the article.

Penalty amount according to law

The most common penalty is the accrual of penalties. A penalty is a penalty for a long delay in paying utility bills. According to federal law No. 307, citizens who are overdue for payment by more than a month will be subject to penalties. You can pay your invoice within 31 days after receiving your receipt.

The total amount of the penalty depends on the size of the debt and the number of days of non-payment, as well as the refinancing rate of the Central Bank of Russia.

Rent debtors who are individuals should remember that from 31 days to 90 days, 1/300 of the refinancing rate is charged for each day the receipt is not paid. And from 91 days the penalty will increase to 1/130 of the Bank of Russia rate. Currently the rate is 9%.

The legal status of the utility consumer affects the calculation of late fees. For organizations supplying heating, water, etc., the fine will be charged as follows:

  • from 1st to 60th day - 1/300 of the Central Bank interest rate;
  • from 60 - 90 - 1/170;
  • from 91 days - 1/130 of the interest rate.

For legal entities, the fine will be charged at the maximum discount rate - 1/130. If the debt for an apartment can be paid through the terminal, then there is no penalty. Payment can only be made at a Sberbank branch or at a management company, which should be done as soon as possible.

The accrual of penalties can be avoided if the citizen has to leave for another city for a long period. The interested party is obliged to write a statement to the management company and notify about this fact. The deferred payment will be valid for six months. If an extension is required, the next application is sent by mail.

What are suppliers entitled to?

In addition to charging penalties, utility service providers have the right to resort to other measures to punish debtors. For late payment of more than 3 months, the supply of gas, electricity, water will be disconnected or limited for non-payment of utilities. The supplier has the right to act in accordance with these regulations until funds are received from the debtor. Notification of the defaulter is made in writing by mail. After 3 days, if the notification is ignored, the notification is made personally by an authorized person.

Eviction from an apartment for debt is also possible. However, it applies to citizens who rent living space. INevict the owner It is legally prohibited from a privatized apartment. The impetus for this procedure is not the total amount of debt, but the time period of non-payment of utility bills - more than 6 months.

Where can I complain about illegal shutdowns?

The Federal Law on Rent provides for utilities that do not have the right to be turned off, even if payment is not received - heating and cold water supply.

Disconnection of any type of utility services without adequate warning from suppliers illegal! This unlawful action can be appealed. The complaint can be sent to the management company or the HOA. If mutual agreement cannot be reached, the claim is sent to the state housing inspectorate or Rospotrebnadzor. This is followed by filing a written application with the prosecutor's office and the court.

Utility providers may be subject to administrative and criminal liability. For violation of the regime for providing the population, housing and communal services impose a fine on officials - 500 - 1,000 rubles, and on legal entities - 5,000 - 10,000 rubles. For arbitrariness and causing damage - a fine of up to 80,000 rubles is charged, or compulsory labor of 180 - 240 hours is carried out, or correctional labor from 1 - 2 years, or arrest for 3 - 6 months.

Arrears in payment could be the reason for disconnection of utility services. If the debtor received the notice on time and the fact of late payment is recognized by him, then the only solution to the problem is the payment of funds. When the debt is repaid, electricity, gas, and water are supplied within two days.

Housing and communal services: According to the document “Resolution No. 97 of February 11, 2016”, for these and previous years, funds have ALREADY been allocated from the budget of the Russian Federation to pay utility bills. Residents are not affected by the cancellation of regulations in connection with the letter dated July 26, 2017 N 33239-OG/04. Suppliers of housing and communal services must enter into an agreement with the city administration to receive MONEY from the city budget to PAY FOR ALL TYPES of housing and communal services. according to Federal Law 210-FZ (as amended and additionally entered into force on March 30, 2018) Article 7.2 and Article 8 and Federal Law dated December 3, 2012 N 227-Art. 2, sub-clause of services", BC RF Article 161 (clause 2, clause 4, clause 5) In order to have the right to demand anything from YOU, utility companies and supplying organizations are required to have an AGREEMENT with you - Federal Law No. 59 of 03.04. 2018, Civil Code of the Russian Federation N 14-FZ (as amended on December 5, 2017)_Art. 492-496, 539-540). Without confirmation of the cadastral registration of the land plot and the house on it, the cadastral number of an apartment building, residential premises, WITHOUT a protocol general meeting with your PERSONAL signature, AGREEMENT in accordance with Civil Code Article 1, (Civil Code (part one)" N 51-FZ (as amended on 08/03/2018) Chapter 27-28, Civil Code Article 8, Civil Code Article 154 Part. 3, ZhK Art. 154 part 3, ZhK 162 part 1 ZhK 163. Part 5), without a personal account statement, as well as a certificate of completion of work signed by you - you have no obligations to housing and communal services and the like The payment YOU receive does not correspond to the characteristics of a financial document - GOST 6.30-97. In the current account there should be 6-8 digits, code 643 (which does not exist in reality). Code 810 - canceled Soviet ruble. "Ruble 810 sign" was canceled on 02/29/2004. "Bank of Russia Tickets" are NOT classified in accordance with the OKV. The barcode of payments must NOT indicate foreign countries (1-3 digits), otherwise the Criminal Code of the Russian Federation 275 art. and Federal Law 115 (financing of terrorism). The payment is essentially a gratuitous contribution (BK N 145-FZ (as amended on 08/03/2018), Article 41, paragraph No. 1) and has no legal force. In order to have the right to represent an organization and communicate with you, they must have a power of attorney (Civil Code 55, Art. 3), Federal Law-14 --- When trying to extract money from a tenant, Art. constitutions No. 7, No. 20 and No. 49. According to the Constitution Art. 3. and Art. 24 part 2, you are required to present documents confirming ownership of gas pipelines, water pipelines, electrical networks, licenses for lending and trading in resources Federal Law dated 04.05.2011 N 99-FZ “On licensing of certain types of activities (Which they will NOT be able to do, since acceptance certificates -transfer of property/land from the USSR to the Russian Federation does not exist. There is also no way to pay using code 810! Therefore, in principle, do not pay housing and communal services and supply organizations. DO NOT sign anything, let them prove it! Criminal liability: - When demanding money: without transferring an extract from the Unified State Register of Legal Entities, a power of attorney (Civil Code Art. 185), without ownership rights, without a contract, without certificates of work performed, payment slips GOST 6.30-97, FZ-402, without a bar code from the Russian Federation , fall under the Criminal Code of the Russian Federation: 33, 140, 128, 159, 163, 179, 275 - When trying to disable: without the above and without a COURT JUDGMENT (Article 49.1 of the Constitution) that has entered into legal force, fall under articles of the Criminal Code of the Russian Federation: 33, 25, 30 , 35 125, 139, 167, 215.2, 330, 205, 281, 357?