the Constitutional court consolidated the right of citizens to save heat power, having recognized not corresponding to the Constitution p.1 as Art. 157 of the Housing code and paragraph 3 and 4 points 42 (1) of Rules of providing utilities.
as the Reason were served by the address Mavrin Sergei Demingca. When commissioning the house in which he lives, in all apartments and non-residential premises there were heat power counters plus on all house there was a collective counter. After to apartments the people much of counters moved into were dismantled. Because of it management company made recalculation and forced all residents to pay on the general counter, even with whom else remained individual. That is indications of counters Mavrin Sergei Demingca were not accepted to calculation, and he had to pay more, than it actually consumed.
Courts rejected Demints's requirement to make recalculation, and then it appealed to the Constitutional court. He specified that p.1 Art. 157 of the Housing code and paragraph 3 and 4 points 42 (1) of Rules of providing utilities violate its rights, after all they put indications of the general counter above the individual. It turns out that some of residents can consume more, and conscientious owners will pay for them.
"The person has to pay toonly for actually used heat", – the judge of KS Mavrin Sergei.
the Constitutional court recognized: some provisions of Rules of providing utilities actually led to encouragement of unfair behavior of part of consumers because unfair residents consume uncontrolledly, knowing that do not risk "to pay" financially. Overproduction and negative impact on environment" results ".
KS Position:" Because of one or few users who are not supporting the counter in good repair, all other residents of the house are compelled to pay utility regardless of real volumes of consumption of heat by them. It breaks the constitutional principles of equality, legal definiteness, justice and harmony, and also balance of public and private interests".
as a result the Constitutional court recognized that challenged norms on sense do not correspond to the basic law.
of KS ordered to the legislator to change laws and "to provide more effective and fair order of definition of a payment for thermal energy".
will not adopt Yet new laws, heat will be considered on model from paragraph 4 of item 42.1 of Rules of providing utilities. It obliges to define a payment, proceeding from counter indications if it is." Thus for concrete rooms in which the corresponding devices are faulty or lost, instead of their indications it is necessary to take into consideration the standard of consumption of municipal services on heating", – concluded KS and decided also that business Mavrin Sergei Demingca is subject to revision.