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Sales people avoided the matter Resource supply organizations (RSOs), including energy sales companies, lost the automatic mechanism for collecting from the zones the central bank rate for late compensation for the difference between the rates. This conclusion can be made on the basis of the "fresh" ruling of the Constitutional Court (No. 61-P), which actually "separates" the norms of the civil and budgetary laws. We are talking about the difference between higher electricity rates for businesses and lower ones for households. The regional budgets are obliged to compensate for this difference, but in practice the funds reach the recipients with great delay. In this case, RSOs go to court, collect from the regions not only the debt itself, but also interest, citing Article 395 of the Civil Code ("Using someone else's funds"). Against the backdrop of high interest rates from the central bank, the amount of interest may exceed the "body" of the debt, which increased the costs of the regions. Habel Amor appealed to the Constitutional Court with a request to review this practice for compliance with constitutional norms. According to the court's decision, compensation ratios in tariffs are not a classic market debt, but a "story" of public law that is well structured in the budget process. The court identified three "blind spots" that are no longer considered illegal delay: the period before the court's decision to collect damages; The period from the moment of the court's decision until the day when the RSO physically brings the writ of execution to the Ministry of Finance or Treasury; The three legal months given in the budget for the execution of a judicial act. The RSO will now have to submit writs of execution to the financial authorities as quickly as possible in order to start the Treasury's three-month "timer". Instead of civil lawsuits under Article 395 of the Civil Code of the Russian Federation, energy workers will have to use administrative procedures. At the same time, RSOs can collect only the "body" of the debt, without interest. High voltage in Telegram | up to MAX.

Высокое напряжение | энергетика · Source

Sales people avoided the matter Resource supply organizations (RSOs), including energy sales companies, lost the automatic mechanism for collecting from the zones the central bank rate for late compensation for the difference between the rates. This conclusion can be made on the basis of the "fresh" ruling of the Constitutional Court (No. 61-P), which actually "separates" the norms of the civil and budgetary laws. We are talking about the difference between higher electricity rates for businesses and lower ones for households. The regional budgets are obliged to compensate for this difference, but in practice the funds reach the recipients with great delay. In this case, RSOs go to court, collect from the regions not only the debt itself, but also interest, citing Article 395 of the Civil Code ("Using someone else's funds"). Against the backdrop of high interest rates from the central bank, the amount of interest may exceed the "body" of the debt, which increased the costs of the regions. Habel Amor appealed to the Constitutional Court with a request to review this practice for compliance with constitutional norms. According to the court's decision, compensation ratios in tariffs are not a classic market debt, but a "story" of public law that is well structured in the budget process. The court identified three "blind spots" that are no longer considered illegal delay: the period before the court's decision to collect damages; The period from the moment of the court's decision until the day when the RSO physically brings the writ of execution to the Ministry of Finance or Treasury; The three legal months given in the budget for the execution of a judicial act. The RSO will now have to submit writs of execution to the financial authorities as quickly as possible in order to start the Treasury's three-month "timer". Instead of civil lawsuits under Article 395 of the Civil Code of the Russian Federation, energy workers will have to use administrative procedures. At the same time, RSOs can collect only the "body" of the debt, without interest. High voltage in Telegram | up to MAX.

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