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ARBITRATION COURT OF THE URAL DISTRICT
Lenin Avenue, 32/27, Yekaterinburg, 620075
http://fasuo.arbitr.ru
P O S T A N O V L E N I E
No. F09-9410 / 15
Ekaterinburg
Case No. А07-27075 / 2014
The Arbitration Court of the Ural District, consisting of:
presiding over G.N. Cherkasskaya,
judges Cheremnykh L.N., Gromovoy L.The.
considered in court the cassation appeals of the limited liability company RUSENERGOSBYT (INN: 7706284124, OGRN: 1027706023058; hereinafter - RUSENERGOSBYT company), the Russian Railways Open Joint Stock Company (hereinafter - the Russian Railways Company) against the decision of the Arbitration Court Of the Republic of Bashkortostan dated June 29, 2015 in case No. A07-27075 / 2014 and the decision of the Eighteenth Arbitration Court of Appeal dated September 22, 2015 in the same case.
The persons participating in the case were duly notified of the time and place of consideration of the cassation appeal, including publicly, by posting information about the time and place of the court session on the website of the Arbitration Court of the Ural District.
The court session was attended by representatives of:
society "RUSENERGOSBYT" - Berkheev A.M. (power of attorney dated 15.12.2015), A.A. Abramov (power of attorney dated 25.12.2015), Troyanovskiy A.I. (power of attorney dated 15.12.2015), Fayeva D.Yu. (power of attorney from 25.12.2015), Sukhanova E.Yu. (power of attorney dated 25.12.2015), Pyshkin A.A. (power of attorney dated 25.12.2015), Belyansky A.The. (power of attorney from 25.12.2015), Zinoviev A.The. (General Director, extract from the Unified State Register of Legal Entities dated 01.02.2016);
Society "Russian Railways" - Efimov A.A. (power of attorney dated 01.28.2016);
Limited Liability Company “Energy Sales Company of Bashkortostan” (INN: 0275038496, OGRN: 1020202770642; hereinafter - “ESKB” Company) - Mukharyamov A.R. (power of attorney dated 23.11.2015), Mikhadyuk V.A. (power of attorney dated 08/10/2015);
Limited Liability Company "Bashkir Electric Distribution Networks" (hereinafter - "Bashkirenergo" Company) - Makhmutov A.F. (power of attorney dated 01.01.2016), Mikheev S.A. (power of attorney dated 01.01.2016).
The company "ESKB" applied to the Arbitration Court of the Republic of Bashkortostan with a statement of claim against the company "RUSENERGOSBYT" to recover the debt under the power supply agreement dated 01.01.2011 No. 930090070 in the amount of 517,921,723 rubles. 70 kopecks. for the period from February 2013 to December 2014 (case No. A07-27075 / 2014 was initiated).
Society "Bashkirenergo" applied to the Arbitration Court of the Republic of Bashkortostan with a claim against the society "ESKB" to recover the debt for the period from April 2013 to December 2014 in the amount of 202,782,985 rubles. 69 kopecks on payment for services for the transmission of electrical energy under the contract dated October 29, 2010 No. 203/1 / 03-10 and the contract dated 01.01.2014 No. 092400010 (case No. A07-3195 / 2015 was initiated).
By the ruling of 13.03.2015, the above cases were combined into one proceeding, with the assignment of a single number to the case No. А07-27075 / 2014.
By a ruling dated April 17, 2015, at the request of the ESKB company, a forensic technical examination was appointed in the case, the production of which was entrusted to experts of the federal state autonomous educational institution of higher professional education "Ural Federal University named after the first President of Russia B.N. Yeltsin "(hereinafter - FGAU HPE" Ural Federal University named after the first President of Russia BN Yeltsin ") Komlev Yu.M., Torokina O.G.
Based on the results of the forensic examination on June 22, 2015, the court received an expert opinion on June 18, 2015.
By a court decision of June 29, 2015 (Judge N.E. Kruchinina), the claims of the ESKB company were satisfied, and the debt was recovered from the RUSENERGOSBYT company in favor of the ESKB company under the power supply agreement No. 930090070 dated 01.01.2011 for the period from April 2013 to December 2014 in the amount of 517,921,723 rubles. 70 kopecks. The claims of the Bashkirenergo Company were also satisfied, the debt for services for the transmission of electrical energy for the period from April 2013 to December 2014 was recovered from the ESKB Company in favor of the Bashkirenergo Company in the amount of 202,782,985 rubles. 69 kopecks
By the decision of the Eighteenth Arbitration Court of Appeal dated 09.22.2015 (judges Maltseva T.V., Fotina O.B., Shiryaeva E.V.) the decision of the court was left unchanged.
In its cassation appeal, the company “RUSENERGOSBYT” asks to cancel these judicial acts, to refuse to satisfy two claims, due to violation of the norms of substantive and procedural law.
Society "RUSENERGOSBYT" believes that the courts have misinterpreted the law to be applied. Based on the literal interpretation of the content of par. 5 clause 15 (1) of the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services (hereinafter - Rules No. 861) and taking into account the technical regulations defining the concept of "traction substation", RUSENERGOSBYT believes that the definition of payment obligations of services for the transmission of electrical energy from February to August 2013 should be carried out at a set of delivery points within the boundaries of the balance sheet of all power receivers - traction substations of the Russian Railways Company. At the same time, Clause 158 of the Basic Provisions the applicant of the complaint considers not applicable to the situation under consideration, since it regulates the procedure for determining the volume of electricity consumption, and not the procedure for determining the cost of services for the transmission of electrical energy, in respect of which a dispute arose.
Society "RUSENERGOSBYT" considers the expert opinion dated 06/18/2015 illegal, unfounded, unmotivated and inadmissible evidence, since the production of technical expertise was entrusted to persons who do not have special knowledge in the field of power supply of railway transport. In support of this argument the applicant indicates that the expert Komlev Yew.M. has a specialty "electrical systems and networks", and the expert O. G. Torokina. does not have any education in the field of electric power, but is a specialist in the field of forestry engineering. In violation of Art. , Arbitration Procedure Code of the Russian Federation, Art. 10 of the Federal Law of 31.05.2001 No. 73-FZ "On State Forensic Expert Activity in the Russian Federation" (hereinafter - Federal Law No. 73-FZ) the named persons did not conduct an expert study of the case materials presented to them by the court; in the minutes of the court session dated 26.06.2015, the court did not reflect the additional questions posed by RUSENERGOSBYT to the experts, as well as the answers received to them; the conclusion of experts about the absence of electrical connections through the objects of power receivers of traction substations of the company "Russian Railways" in the territory of the Republic of Bashkortostan, taking into account the fact that there are no switching devices on the buses of DC traction substations located in the Republic of Bashkortostan, they are not sectioned, the applicant considers unreasonable, since the expert opinion does not contain any references to the case materials or to scientific or practical data.
The RUSENERGOSBYT Company notes that its position on the presence of electrical connections between the traction substations of the Russian Railways Company through the power grid facilities of the Russian Railways Company is confirmed by the conclusion of Professor A.A. Pyshkin, the conclusion of A.T. Burkov, and the conclusion of Professor M.P.Bader ., the conclusion of the Deputy Director of the All-Russian Scientific Research Institute of Railway Transport Kosarev A.B. According to the applicant, the appellate court refused to admit the said evidence unreasonably, since RUSENERGOSBYT did not have an objective opportunity to present this evidence to the first instance court, due to the impossibility to familiarize itself in advance with the content of the research part and the conclusions of the experts set out in the report from 06/18/2015, received by the court on 06/22/2015, despite the fact that the hearing was scheduled for 06/26/2015.
The applicant of the complaint insists that the norms of Art. 25 Federal Law No. 73-FZ, Art. Arbitration Procedure Code of the Russian Federation: from the explanations of experts the defendant came to the conclusion that the expert Torokina O.G. did not participate in the production of the contested examination, the principle of the independence of the expert was violated (the applicant believes that the director of the Ural Energy Institute Sarapulov S.F. could have influenced the formation of the final conclusions of the experts). In addition, the defendant refers to the personal contacts of experts with the participants in the process, as well as the analysis by experts of the statement of claim of the company "ESKB", which could also affect the impartiality and objectivity of the experts and lead to distortion of the conclusions of the examination.
Meanwhile, the applicant points out, it is the schemes of external power supply of the traction substations of the Russian Railways Company within the boundaries of the Republic of Bashkortostan; power supply and sectioning schemes for the contact network, overhead lines for automatic blocking and longitudinal power supply (within the borders of the Republic of Bashkortostan); single-line diagrams of 46 traction substations prove the existence of electrical connections between power receivers (traction substations of the Russian Railways Company) through power grid facilities (contact network) located between the traction substations within the inter-substation zones. The conclusion of the courts that the traction substations and power grid facilities of the Russian Railways Company are not within the boundaries of the balance sheet belonging to this consumer is considered illegal and unmotivated by the applicant. He also considers the conclusion of the courts to be erroneous that the procedure for determining obligations by summing up the maximum capacity for all traction substations should be included in the terms of contract No. 930090070.
Thus, the applicant believes, in the presence of all the conditions for the application of the norm of paragraph 15 (1) of Regulation No. 861, the courts did not apply the peremptory rule, expanding its interpretation by establishing in the course of court hearings circumstances that cannot be established (provision in the circuit of switching devices, presence of air gaps, etc.).
Since the traction substations of the company "Russian Railways" have electrical connections between themselves and are within the same boundaries of the balance sheet of the consumer under the contract, and also taking into account the summarized maximum capacity of these power receivers, the courts, according to the company "RUSENERGOSBYT", in determining the obligation to pay should have be guided by the value of the sales markup established for the tariff subgroup "other consumers with a power receiving device of at least 10 MW", calculate the debt in the disputed period based on the indicated value of the actual capacity for the aggregate of supply points within the boundaries of the balance sheet of the consumer - Russian Railways.
In its cassation appeal, the Russian Railways Company asks to cancel the indicated judicial acts, to adopt a new judicial act on the case, which in full will be denied to satisfy the requirements for two claims.
Disputing the conclusion of the courts that the consumer's power receiving devices (45 traction substations of the Kuibyshevskaya and South Uralskaya railways - branches of the Russian Railways company) are not within the same balance sheet boundaries and do not have electrical connections between themselves, the applicant believes that the acts of delineation of the balance sheet the accessories and operational responsibility of the parties do not indicate the presence or absence of electrical connections between the consumer's power receiving devices (such a document is the electrical diagrams drawn up by the consumer - the owner (in this case, the Russian Railways company))
The Russian Railways company considers the conclusion of the forensic examination to be irrelevant and inadmissible evidence, as it does not meet the signs of comprehensiveness and completeness of the study, since experts who do not have the necessary specialty "power supply of railways" or "power supply in railway transport" answered a different question than was put by the court and came to the wrong conclusion about the absence of electrical communication through the power receiving equipment of the traction substation. The applicant believes that the application of the company "RUSENERGOSBYT" for a re-examination was rejected unlawfully. Conclusions on the inadmissibility and unreliability of the expert opinion of the Federal State Autonomous Institution of Higher Professional Education “Ural Federal University named after the first President of Russia B.N. Yeltsin "are contained in a review dated 10.07.2015, carried out by the Moscow State University of Railways, which, in the opinion of the Russian Railways Society, was unreasonably denied by the court.
In the responses to the cassation appeal, Bashkirenergo and ESKB are asked to leave the contested judicial acts unchanged, the cassation complaints of RUSENERGOSBYT and Russian Railways are not satisfied.
After checking the legality of the contested judicial acts in the manner prescribed by the provisions of Art. , Arbitration Procedure Code of the Russian Federation, the court of cassation established that there were no grounds for their cancellation.
As follows from the case materials and established by the courts during the consideration of the dispute, by the decision of the State Committee of the Republic of Bashkortostan on tariffs dated 04/14/2010 No. 57 from 01/01/2011, the ESKB company within the administrative boundaries of the Republic of Bashkortostan was assigned the status of a guaranteed supplier.
The ESKB Company and the RUSENERGOSBYT Company entered into a power supply agreement dated 01.01.2011 No. 930090070, according to which ESKB Company undertook to sell (supply) electricity and capacity to the points of supply specified in the power supply agreement, to provide energy and capacity to the points of supply, and the company "RUSENERGOSBYT" undertook to timely pay for the purchased electrical energy, capacity and services rendered on the terms stipulated by the power supply agreement. The contract was concluded for the power supply of the facilities of the Russian Railways Company.
Between the company "ESKB" and the company "Bashkirenergo" in the period from 28.10.2010 to 31.12.2013, a contract for the provision of services for the transmission of electrical energy dated 28.10.2010 No. 203/1 / 03-10 was concluded and operated. From 01/01/2014 to the present between the company "ESKB" and the company "Bashkirenergo" there is an agreement dated 01/01/2014 No. 092400010 for the provision of services for the transmission of electrical energy. According to the terms of these agreements, the Bashkirenergo Company undertook to provide the ESKB Company with electricity transmission services, and the ESKB Company undertook to pay for the services rendered.
Russian Railways is a consumer of electrical energy and purchases electrical energy (capacity), as well as services for the transmission of electrical energy from RUSENERGOSBYT, which in these relations acts as an energy sales organization.
In turn, RUSENERGOSBYT buys, on the basis of an energy supply agreement, from ESKB, which acts as a guaranteeing supplier, electricity (capacity) and services for its transmission for subsequent resale to Russian Railways.
In order to fulfill its obligations to RUSENERGOSBYT and other consumers of electrical energy, ESKB Company buys electrical energy (capacity) on the wholesale electricity market, and also orders services for the transmission of electrical energy from the Bashkirenergo Company on the basis of a service agreement for the transmission of electrical energy. energy.
In accordance with paragraph 1 of Art. Of the Civil Code of the Russian Federation, the contract must comply with the rules binding on the parties, established by law or other legal acts (peremptory norms) in force at the time of its conclusion. The execution of the contract is paid at the price established by the agreement of the parties. In cases stipulated by law, prices (tariffs, rates, rates, etc.) are applied, established or regulated by authorized state bodies and (or) local authorities (Art. Civil Code of the Russian Federation).
The legal foundations of economic relations in the electric power industry, the basic rights and obligations of electric power industry entities in carrying out activities in the electric power industry and electric power consumers are established by Federal Law No. 35FZ dated 26.03.2003 "On Electric Power Industry" (hereinafter - the Electric Power Industry Law). From Article 3, paragraphs 2 and 3 of Article 26 of this Law, it follows that electricity transmission services are a set of organizationally and technologically related actions that ensure the transmission of electricity through technical devices of electrical networks in accordance with the requirements of technical regulations. The provision of electricity transmission services is carried out in relation to supply points in the retail market on the basis of a public contract for the provision of services for a fee, concluded by consumers independently or in their interests by the guaranteeing suppliers (energy sales organizations) serving them.
The procedure for the execution of such an agreement is established in Regulation No. 861.
Electricity transmission services are natural monopoly activities subject to state price regulation. Tariffs for these services are established in accordance with the principles of pricing in the field of regulated prices (tariffs) in the electric power industry and the rules of state regulation of prices (tariffs) in the electric power industry (Articles 4 and 6 of the Federal Law of 17.08.1995 No. 147-FZ "On natural monopolies", Clause 4 of Art. 23.1 of the Electricity Law, Clauses 42, 46 - 48 of Regulation No. 861).
Tariffs are applied in accordance with decisions of regulatory bodies, including taking into account the specifics provided for by regulatory legal acts in the field of the electric power industry (clause 35 of the Rules for state regulation (revision, application) of prices (tariffs) in the electric power industry, approved by the Decree of the Government of the Russian Federation dated December 29. 2011 No. 1178).
Prior to the adoption of Resolution No. 442, the volume of obligations of the grid organization for the transmission of electricity was determined by the amount of declared capacity agreed by the parties in the contract.
By Resolution No. 442, amendments were made to the regulatory legal acts regulating legal relations in the retail electricity market, including the procedure for calculating the volume of electricity transmission obligations. So, according to clause 15 (1) of Regulation No. 861, as well as clause 81 of the Pricing Basis, the obligations of the consumer of services are determined in the amount of the cost of services rendered, which depends on the volume of services provided for the transmission of electrical energy and the tariff for these services. The volume of services in the disputed period was determined based on the actual volume of electricity consumption (at a one-rate tariff) or on the actual volume of electricity consumption and the amount of actual capacity (at a two-rate tariff).
The rules for settlements for electricity transmission services in force during the disputed period provided for the calculation of the volume of services based on the actual capacity (when applying the two-rate tariff), as well as the settlement of the grid organization with the guaranteeing supplier in the same manner in which the final consumer of electricity is calculated with the latter.
According to clause 78 of the Basic Provisions No. 442, settlements for electric energy (capacity) under an energy supply agreement are carried out taking into account that the cost of electrical energy (capacity) under an energy supply agreement includes the cost of the volume of purchase of electrical energy (capacity), the cost of services for the transmission of electrical energy, sales a surcharge, as well as the cost of other services, the provision of which is an integral part of the process of supplying electricity to consumers. Similar rules are established by clause 108 (1) of the Basic Provisions for the Operation of Retail Electricity Markets, approved by Decree of the Government of the Russian Federation No. 530 dated 31.08.2006.
According to clauses 4, 7 of the Guidelines for the calculation of sales markups of guaranteeing suppliers and the amount of profitability of sales of guaranteeing suppliers approved by order of the Federal Tariff Service of Russia dated October 30, 2012 No. 703-e (hereinafter referred to as Methodical Instructions No. 703-e), sales markups of SOE are established for the following groups (subgroups) of consumers:
Population and categories of consumers equated to it (hereinafter - population);
Grid organizations that buy electricity to compensate for losses of electrical energy (hereinafter - grid organizations);
Other consumers.
Sales markups for the group "other consumers" are differentiated according to the following subgroups of consumers, depending on the value of the maximum capacity of their power receiving devices:
Consumers with a maximum power of energy receiving devices less than 150 kW;
Consumers with a maximum power of power receiving devices from 150 to 670 kW;
Consumers with a maximum power receiving devices from 670 kW to 10 MW;
Consumers with a maximum power receiving devices of at least 10 MW.
In order to apply these Guidelines, the distribution of consumers of the group "other consumers" into subgroups is carried out based on the maximum power of the power receiving devices owned by the consumer or other legal basis and located within the same boundaries of the balance sheet, provided that electrical connections between the specified power receiving devices of the consumer are ensured through power grid facilities belonging to the consumer.
According to the rules of clause 97 of the Basic Provisions No. 422, the supplier of last resort determines the price category for the consumer (buyer in relation to consumers) to make payments for electric energy (power) for a set of supply points within the boundaries of the balance sheet of the consumer's power receiving device (a set of consumer's power receiving devices having between are electrical connections through the power grid facilities owned by the consumer) in accordance with the procedure set forth in this paragraph (as amended by the Decree of the Government of the Russian Federation of July 31, 2013 No. 652).
In accordance with sub. "A" of clause 13 of Rules No. 861 the value of the maximum power of power receivers, technologically connected in accordance with the procedure established by the legislation of the Russian Federation to the electrical network, determined in accordance with clause 13 (1) of the named Rules, with the distribution of the specified value for each point of delivery.
The value of the maximum power of the power receiving devices is an essential condition of the contract for the provision of services for the transmission of electrical energy.
When considering this case, a dispute arose between the participants in the process about the application of clause 15 (1) of Rules No. 861 as amended up to 01.08.2014.
The disagreements between the parties - the ESKB company and the RUSENERGOSBYT company were eventually reduced to the presence or absence of electrical connections between energy-consuming facilities (traction substations), depending on the presence (absence) of which the parties make different calculations of the amount of power transmitted through the electric grids, and the value of the sales markup of the supplier of last resort.
In accordance with Part 1, 3 of Art. Of the Arbitration Procedure Code of the Russian Federation, proceedings in an arbitration court shall be carried out on an adversarial basis. The arbitral tribunal, while maintaining independence, objectivity and impartiality, guides the process, explains to the persons participating in the case, their rights and obligations, warns of the consequences of their commission or non-performance of procedural actions, assists in the exercise of their rights, creates conditions for a comprehensive and complete investigation. evidence, establishment of factual circumstances and correct application of laws and other normative legal acts when considering a case.
Circumstances that are important for the correct consideration of the case are determined by the arbitration court on the basis of the requirements and objections of the persons participating in the case, in accordance with the applicable rules of substantive law (Part 2 of Art. Of the Arbitration Procedure Code of the Russian Federation). At the request of the person participating in the case, the arbitration court in accordance with Part 1 of Art. 82 of this Code to clarify the issues that arise during the examination of the case requiring special knowledge - appoints an expert examination.
Satisfying the claims of the Bashkirenergo company and recovering from the ESKB company the debt on payment for energy transmission services for the period from April 2013 to December 2014, the court of first instance proceeded from the fact that the services were provided due to the submission to the case materials of the relevant acts signed by the parties, absence of a dispute between the plaintiff and the defendant.
Satisfying the claims of the ESKB company against the RUSENERGOSBYT company, the court of first instance determined the amount of the respondent's obligations to the plaintiff for each traction substation separately, without establishing the presence of electrical connections between them.
The appellate court upheld the decision of the first instance court.
The conclusions of the courts correspond to the current legislation and the factual circumstances established in the case.
In accordance with paragraph 15 (1) of Regulation No. 861 as amended, in effect until 13.08.2013, depending on the type of price (tariff) applied to the consumer for services for the transmission of electrical energy in accordance with the Principles of Pricing in the Field of Regulated Prices (Tariffs) in the electric power industry, the volume of electricity transmission services provided by other grid organizations, regardless of the amount declared in accordance with paragraph 47 of these Rules, is determined based on the actual volume of electricity consumption or based on the actual volume of electricity consumption and the arithmetic mean of the maximum on every working day of the settlement period of the actual hourly volumes of electricity consumption (total for all points of delivery) at the planned peak load hours set by the system operator.
From 13.08.2013, by the Decree of the Government of the Russian Federation of 31.07.2013 No. 652, the above paragraph was amended and stated as follows: depending on the type of price (tariff) applied to the consumer for services for the transmission of electrical energy in accordance with the Principles of Pricing in the Field of Regulated of prices (tariffs) in the electric power industry, the volume of services for the transmission of electrical energy provided by other grid organizations to consumers (except for the population and categories of consumers equated to it), regardless of the value declared in accordance with paragraph 47 of these Rules, is determined in relation to each voltage level based on the actual volume of consumption of electrical energy or based on the actual volume of consumption of electrical energy and the arithmetic mean of the maximum actual hourly volumes of consumption of electrical energy in each working day of the calculated period (by summing up all points of the settlement supplies at the appropriate voltage level related to the power receiving device, if the consumer has several power receiving devices that have electrical connections to each other through the power grid facilities belonging to the consumer - at all points of supply at the appropriate voltage level related to the specified set of consumer power receiving devices ) during the planned peak hours set by the system operator.
Having examined and evaluated in accordance with the requirements of Art. Of the Arbitration Procedural Code of the Russian Federation the evidence presented in the case materials, including contracts, acts of delineation of the balance sheet ownership of electrical networks and the operational responsibility of the parties (for each traction substation, a separate act has been drawn up between the Russian Railways Company and the Bashkirenergo Company); Considering that the agreement concluded by the parties dated 01.01.2011 No. 930090070 does not provide for the procedure for determining the defendant's obligations by summing up the maximum capacity for all traction substations, taking into account the results of the forensic examination (conclusion of the FGAU VPO Ural Federal University named after the first President of Russia B.N. Yeltsin "dated 06/18/2015), the courts concluded that there were no electrical connections through the energy facilities at all points of delivery of the company" Russian Railways ".
After analyzing the conclusion of the Ural Federal University named after the first President of Russia B.N. Yeltsin "dated 06/18/2015, in conjunction with other evidence, the courts concluded that this evidence is relevant and admissible.
According to this expert opinion dated 06/18/2015, experts established the absence of electrical connections through the objects of power receivers of traction substations of the Russian Railways Company in the territory of the Republic of Bashkortostan.
The presence of electrical connections was established only within the framework of individual inter-substation zones of traction substations. Electrical connections between adjacent substation zones of traction substations: Kuibyshevskaya railway - Karan-Elga, Buzdyak, Cheremshan, Yambakhta, Chishmy, Ik, Taldy-Bulak, Priyutovo, Aksakovo, Glukhovskaya, Aksenovo, Shafranovo, Davlak-Raevka, Shaevka , Udryak, Klucharevo, Zhukovo, Dema, Funnels, Chernikovka-Vostochnaya, Zagorodnaya, Shaksha, Iglino, Zinino, Yurmash, Tavtimanovo, Kudeevka, Ulu-Telyak, Kazayak, Urshak, Kabakovo, Karlaman, Irnykshi, Assulye, Zavtauya, Ravta , Inzer, Yusha, Pikhta, Sermenovo; South Ural railway - Ukshuk, Novo-Abzakovo; The Gorky railway - Yanaul; absent.
Taking into account the availability of evidence confirming the actual volumes of electricity (power) consumption and the volumes of services provided by the plaintiff under the contract dated 01.01.2011 No. 930090070, the claims of the company "ESKB" and the company "Bashkirenergo" were satisfied lawfully.
When assessing the arguments of the defendant and the third party that the expert opinion of 06/18/2015 on the basis of the contested judicial acts is not admissible and relevant evidence, the cassation court takes into account that the appeal court considered and rejected the defendant's petition, supported by a third party , on the appointment of a re-examination in the absence of grounds.
If there are doubts about the validity of the expert's opinion or there are contradictions in the conclusions of an expert or a commission of experts on the same issues, a repeated examination may be appointed, the conduct of which is entrusted to another expert or another commission of experts (Part 2 of Art. Of the Arbitration Procedure Code of the Russian Federation).
As established by the courts, the expert opinion of the Federal State Autonomous Institution of Higher Professional Education “Ural Federal University named after the first President of Russia B.N. Yeltsin "dated 06/18/2015 corresponds to the federal law of 05/31/2001 No. 73-FZ" On state forensic activities in the Russian Federation ", its content was not recognized as unreliable in court or in any other procedure established by law. Disagreement with the result of the examination does not in itself entail the need to appoint a repeated examination
The arguments of the applicants of the cassation appeal are reduced to a reassessment of the circumstances established in the case. At the same time, the applicants ask once again to reconsider the case on the merits, to reevaluate the evidence in the case and to provide the applicants with the opportunity to submit new additional evidence to the case file. The court of cassation considers that all the circumstances that are significant for the case have been established by the courts, all evidence has been examined and evaluated in accordance with the requirements of Art. Arbitration Procedure Code of the Russian Federation. The court of cassation does not have grounds for re-evaluating the evidence and conclusions drawn from them (Article of the Arbitration Procedure Code of the Russian Federation).
Taking into account the foregoing, the contested judicial acts shall be left unchanged, the cassation complaints of the RUSENERGOSBYT society and the Russian Railways society are not satisfied.
Guided by Art. , Arbitration Procedure Code of the Russian Federation, court
P O S T A N O V I L:
the decision of the Arbitration Court of the Republic of Bashkortostan dated June 29, 2015 in case No. A07-27075 / 2014 and the resolution of the Eighteenth Arbitration Court of Appeal dated September 22, 2015 on the same case, to leave the cassation complaints of RUSENERGOSBYT Limited Liability Company, Russian railways ”- without satisfaction.
The decision may be appealed to the Judicial Collegium of the Supreme Court of the Russian Federation within a period not exceeding two months from the date of its adoption, in the manner prescribed by Art. Arbitration Procedure Code of the Russian Federation.
Presiding G.N. Cherkasy
Judges L.N. Cheremnykh
L.V. Gromova
Court:
FAS UO (FAS Ural District)Plaintiffs:
LLC "BASHKIR DISTRIBUTION ELECTRIC NETWORKS"LLC "Energy Sales Company of Bashkortostan"
Defendants:
LLC "RUSENERGOSBYT"LLC "Energy sales company" Bashkortostan "
Resolution of the Government of the Russian Federation of February 11, 2016 N 97
"On Federal Standards of Payment for Residential Premises and Utilities for 2016 - 2018"
The Government of the Russian Federation decides:
1. Approve the attached:
_____________________________
* FSS is the federal standard of the marginal cost of the provided housing and communal services per 1 sq. meter of the total area of housing per month (used to determine the amount of interbudgetary transfers allocated from the federal budget to the budgets of the constituent entities of the Russian Federation, including for the provision of financial assistance to pay for housing and utilities).
** FSKR is the federal standard for the cost of capital repairs of residential premises per 1 sq. meter of the total area of housing per month (used to determine the size of interbudgetary transfers allocated from the federal budget to the budgets of the constituent entities of the Russian Federation, including for the provision of financial assistance to pay for housing and utilities).
Regions are allocated interbudgetary transfers, including for the provision of financial assistance to pay for housing and housing and communal services. To determine their size, federal standards for payment for housing and utilities on average in Russia for 2016-2018 were approved.
So, the marginal cost of services rendered per 1 sq. m of the total area of housing per month in the country as a whole is 126 rubles. in 2016, 132 rubles. - in 2017, 137 rubles. - in 2018
The cost of overhaul is 7.3, 7.7 and 8.2 rubles. respectively.
The standards for individual regions differ from the general federal ones. For example, in 2016 in Moscow, no more than 141.8 rubles are allocated for services, and no more than 8.1 for repairs. In the Republic of Crimea, the corresponding figures are 59.1 rubles. and 6.1 rubles.
The most expensive are remote regions: Kamchatka Territory, Chukotka Autonomous District, Magadan Region. In them, the regional standard significantly exceeds the federal one.
The previous standards are invalidated.
Resolution of the Government of the Russian Federation of February 11, 2016 N 97 "On federal standards for payment for residential premises and utilities for 2016 - 2018"
This resolution comes into force 7 days after the day of its official publication.
Federal standards approved by this resolution are subject to application to relations arising from January 1, 2016.
The text of the resolution was published on the "Official Internet Portal of Legal Information" (www.pravo.gov.ru) on February 17, 2016, in the Collected Legislation of the Russian Federation of February 22, 2016 No. 8, Art. 1118, in the "Rossiyskaya Gazeta" dated March 1, 2016 N 43
By Decree of the Government of the Russian Federation of May 17, 2017 N 584, this decree was declared invalid.
Here is an accurate description of people born on February 11, 2016, events, holidays and statistical data for this day. Complete calendar of this year by months and days of the week.
Truthful interpretation - the date of the calendar on February 11, 16.
- The zodiac sign of people whose birthday is 02/11/16 is Aquarius (from January 21 to February 19).
- 2016 according to the calendar of the oriental animal - Monkey - Fire - Red, until February 08 Sheep (Goat) - Tree - Blue (Green).
- The element of the horoscope symbol of Aquarius, who were born on the day of 02/11/16. - Air.
- Planet ruler of people happy birthday on this date - Uranus.
- The day falls on the 6th week.
- According to the calendar, there are 29 days in the month of February.
- The length of the day on February 11 - 9 hours 19 minutes Sunrise: 8 hours 04 minutes; Sunset: 17 hours 23 minutes; Longitude of night: 13 hours 25 minutes (data are indicated for the latitude of the European part of Russia, Ukraine, Belarus).
- According to the calendar, the period is winter.
- Gregorian - Leap year.
- Better to use zodiac colors for people who have a birthday 11 February 2016- Denim blue, Violet blue, Brownish gray and Golden chestnut.
- Plants suitable for the combination of the horoscope sign Aquarius and the eastern calendar for 2016 - Fir and Acacia.
- Stones are amulets for people who have a birthday today - Asparagolite, Heliodor, Euclaz.
- The best numbers for people who were born on February 11, 16 are EIGHT.
- Very suitable days of the week for people who were born on February 11, 2016 are Sunday and Tuesday.
- Essential symbols of the essence, the zodiacal sign of Aquarius, who were born in this number are unfavorable, cynical and pious.
Holidays and memorable dates falling on February 11th.
- Russia - Anti-smoking Day.
- USA - National Inventor Day.
- Japan - State Foundation Day.
- World Sick Day.
- Iran - Revolution Victory Day
- Cameroon - Youth Day.
- Liberia - Armed Forces Day.
- Azerbaijan - Day of Tax Service Workers
- Slavic holiday Great Veles day - dedicated to Veles Winter - the Prophetic God
- Laurentian Day folk holiday - they learned the weather for March by the moon. To scare away evil spirits from the fields, it was necessary to stick the witch's grass thistle in the corners of the field.
- Russia - on this day in 1697, Tsar Peter the First allowed the sale of tobacco
- Russia - Alexander Griboyedov was killed in 1829
- Today in 1929 the Vatican became a state
Christian (Orthodox) festivities and commemoration dates on this day of the year:
- Day of transfer of the relics of the holy martyr Ignatius the God-bearer.
- Day of Remembrance of the Martyrs of Samosatsky: Roman, Jacob, Philotheus, Hyperichy, Aviv, Julian and Parigorius.
- Memorial Day of the Martyr of Emesa: Sylvanas the Bishop, Luke the Deacon and Mokiy the Reader.
- Memorial Day of St. Lawrence of the Caves.
- Day of Remembrance of Saints Gerasim, Pitirim and Jonah, Bishops of Great Perm, Ustvym.
- Memorial Day Hieromartyrs John Granitov and Leonty Klimenko, Presbyters, Konstantin Zverev, Deacon and 5 Martyrs with them.
- Day Cathedral of Yekaterinburg saints.
Orthodox name days are celebrated:
- Gerasim, Dmitry, Ivan, Ignatius, Constantine, Lawrence, Leonty, Luke, Roman, Julian, Yakov.
Dates of religious holidays in 2016
- Easter Orthodox holiday - May 01.
- Orthodox Palm Sunday falls on April 24.
- The Orthodox Holy Trinity is celebrated on June 19.
- Catholic Easter is celebrated this year on March 27th.
- The Catholic holiday of the Ascension of Christ (Ascension of the Lord) - May 5.
- The Catholic holiday of Pentecost (Descent of the Holy Spirit) - May 15.
- The Catholic holiday of the Day of the Holy Trinity is celebrated this year - May 22.
- Catholic holiday of the Blessed Body and Blood of Christ - May 26.
- Catholic holiday of the Sacred Heart of Jesus - May 27.
- Passover (Passover) fell on - April 23.
- The Jewish holiday of Shavuot (Pentecost) - June 11.
Horoscope for men born on February 11.
Man born on February 11, 2016, he needs to learn how to rationally spend his time, throwing away unpromising thoughts and ideas. Rest is very important for them so that nervous overstrain does not happen. The very first criterion of friendship is ethics, your moral principles should, at least in part, correspond to its principles. Even in the case of his own wrong, he will still remain unconvinced. In life, there are a huge number of contradictions, everything is constantly changing, including the principles and standards by which he lives. Never use them! If Aquarius says that he does not love someone, then you need to think about it, there must be something behind this. The husband Aquarius will turn a blind eye to all provocations, he will never initiate a divorce, any conflicts will be nipped in the bud, and a warm family microclimate will only be cultivated.
The man whose horoscope sign february 11, 2016 year of birth - Aquarius, will not squander money on himself, but he will help them to the first person who will need them. It is not difficult for them to be faithful, however, the stamp in the passport is a simple formality for him. In essence, a man born on February 11, 2016, a cosmopolitan and a citizen of the world, is loyal to representatives of other states and races. In an effort to find the one that will become the love of all life, they often leave behind many broken women's hearts. They are fighters by nature and often find for themselves such cases and situations in which their wrestling qualities will manifest themselves at their best. You must remain an unsolved riddle for him, because he loves to solve them so much. It is not difficult to adapt to such a nasty character and achieve what you want. If this nevertheless happened, then the Aquarius man in the relationship will be an exemplary family man, devoted to his wife and not thinking about betrayal.
Ideal for a man on 02/11/2016, - a woman is a friend. A positive microclimate at work is important to him, since only then can high performance be expected from him. In family relationships, most of all he values friendship, common interests, the ability of the spouse to support him in any life situations. Being in a relationship with you, this little man will constantly flirt with representatives of the opposite sex, and this will not go further. The life of a man is an oriental symbol born on 02/11/2016, in China - the Fiery Red Monkey, filled with events, sharp turns of fate and many contradictions, but lulls also happen. A person does not like it when someone crawls into his gut, so in order to become his friend, you need to learn not to ask unnecessary questions. They are often involved in charity work.
In their work, they need to be nudged and guided, giving an effective incentive, but this should be done very carefully and unobtrusively. Many men whose eastern zodiac sign was born on February 11, 2016 - Fiery Red Monkey, are among scientists, scientists and inventors. If you try to use it, he will feel it immediately and then you will know all his rage. These people get married - it is hard and reluctant.
Explanation about women born today, 02/11/2016, according to the Eastern calendar of animals year.
Women on February 11, 2016, whose year according to the Chinese horoscope of birth is Monkey, they should not follow the lead of momentary thoughts, and in a difficult situation they need to "turn on" their natural mind and logic. People will not live in poverty, but they will be able to achieve maximum prosperity under well-established circumstances. They are undoubtedly gifted, therefore their main task is to identify and apply their giftedness correctly, and the sooner, the better, then they will have no equal. It seems strange, you know that she is experiencing an irresistible craving for freedom.
She will be faithful to you, give her freedom of judgment, hobbies, travel. They have many talents, they can use these talents, thanks to their energy. According to the horoscope, a woman born on February 11 believes that physical love is quite pleasant if you do not pay too much attention to it. If it is proved that she is right, she will certainly poke the disputant into this.
Female 02/11/2016 birth, will never be able to remain silent, especially when it comes to honor. The representatives of this sign are ruled by Uranus - the planet of inspiration and action. Pragmatists by nature, therefore, each of their movements is carefully calculated in order to get some kind of benefit on a material or spiritual plane. People love to change, the feeling of equality oppresses her. She is afraid of losing her freedom, so she has a fear of a serious relationship. Women are a zodiac sign born on February 11, 2016 - Aquarius, are not capable of excessively vivid manifestations of feelings and emotions in relation to their own children - they put all their strength and reserves into raising a child. Her children do not have a deficit of impressions. This is a gentle, weightless creature, but she is able to fend for herself.
Calendar - table for 2016 with days of the week
Table calendar for January 2016 |
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| Mon | W | Wed | NS | Fri | Sat | Sun |
| 1 | 2 | 3 | ||||
| 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| 11 | 12 | 13 | 14 | 15 | 16 | 17 |
| 18 | 19 | 20 | 21 | 22 | 23 | 24 |
| 25 | 26 | 27 | 28 | 29 | 30 | 31 |
Table calendar for February 2016 |
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| Mon | W | Wed | NS | Fri | Sat | Sun |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| 8 | 9 | 10 | 11 | 12 | 13 | 14 |
| 15 | 16 | 17 | 18 | 19 | 20 | 21 |
| 22 | 23 | 24 | 25 | 26 | 27 | 28 |
| 29 | ||||||
Table calendar for March 2016 |
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| Mon | W | Wed | NS | Fri | Sat | Sun |
| 1 | 2 | 3 | 4 | 5 | 6 | |
| 7 | 8 | 9 | 10 | 11 | 12 | 13 |
| 14 | 15 | 16 | 17 | 18 | 19 | 20 |
| 21 | 22 | 23 | 24 | 25 | 26 | 27 |
| 28 | 29 | 30 | 31 | |||
Table calendar for April 2016 |
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| Mon | W | Wed | NS | Fri | Sat | Sun |
| 1 | 2 | 3 | ||||
| 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| 11 | 12 | 13 | 14 | 15 | 16 | 17 |
| 18 | 19 | 20 | 21 | 22 | 23 | 24 |
| 25 | 26 | 27 | 28 | 29 | 30 | |
Table calendar for May 2016 |
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| Mon | W | Wed | NS | Fri | Sat | Sun |
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| 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| 9 | 10 | 11 | 12 | 13 | 14 | 15 |
| 16 | 17 | 18 | 19 | 20 | 21 | 22 |
| 23 | 24 | 25 | 26 | 27 | 28 | 29 |
| 30 | 31 | |||||
Table calendar for June 2016 |
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| Mon | W | Wed | NS | Fri | Sat | Sun |
| 1 | 2 | 3 | 4 | 5 | ||
| 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| 13 | 14 | 15 | 16 | 17 | 18 | 19 |
| 20 | 21 | 22 | 23 | 24 | 25 | 26 |
| 27 | 28 | 29 | 30 | |||
Table calendar for July 2016 |
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| Mon | W | Wed | NS | Fri | Sat | Sun |
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| 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| 11 | 12 | 13 | 14 | 15 | 16 | 17 |
| 18 | 19 | 20 | 21 | 22 | 23 | 24 |
| 25 | 26 | 27 | 28 | 29 | 30 | 31 |
Table calendar for August 2016 |
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| Mon | W | Wed | NS | Fri | Sat | Sun |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| 8 | 9 | 10 | 11 | 12 | 13 | 14 |
| 15 | 16 | 17 | 18 | 19 | 20 | 21 |
| 22 | 23 | 24 | 25 | 26 | 27 | 28 |
| 29 | 30 | 31 | ||||
Table calendar for September 2016 |
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| Mon | W | Wed | NS | Fri | Sat | Sun |
| 1 | 2 | 3 | 4 | |||
| 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| 12 | 13 | 14 | 15 | 16 | 17 | 18 |
| 19 | 20 | 21 | 22 | 23 | 24 | 25 |
| 26 | 27 | 28 | 29 | 30 | ||
Table calendar for October 2016 |
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| Mon | W | Wed | NS | Fri | Sat | Sun |
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| 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| 10 | 11 | 12 | 13 | 14 | 15 | 16 |
| 17 | 18 | 19 | 20 | 21 | 22 | 23 |
| 24 | 25 | 26 | 27 | 28 | 29 | 30 |
| 31 | ||||||
Table calendar for November 2016 |
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| Mon | W | Wed | NS | Fri | Sat | Sun |
| 1 | 2 | 3 | 4 | 5 | 6 | |
| 7 | 8 | 9 | 10 | 11 | 12 | 13 |
| 14 | 15 | 16 | 17 | 18 | 19 | 20 |
| 21 | 22 | 23 | 24 | 25 | 26 | 27 |
| 28 | 29 | 30 | ||||
Table calendar for December 2016 |
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| Mon | W | Wed | NS | Fri | Sat | Sun |
| 1 | 2 | 3 | 4 | |||
| 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| 12 | 13 | 14 | 15 | 16 | 17 | 18 |
| 19 | 20 | 21 | 22 | 23 | 24 | 25 |
| 26 | 27 | 28 | 29 | 30 | 31 | |
In accordance with article 55 of the Water Code of the Russian Federation, the Government of the Russian Federation decides:
1. To approve the attached Rules for the protection of groundwater bodies.
2. Establish that the implementation of this resolution is carried out by the relevant federal executive authorities within the limits established by them for the number of employees of central offices and territorial bodies, as well as budgetary allocations provided by it in the federal budget for leadership and management in the sphere of established functions.
rules
protection of groundwater bodies
(approved by the decree of the Government of the Russian Federation of February 11, 2016 No. 94)
I. General Provisions
1. These Rules establish the procedure for the implementation of measures for the protection of groundwater bodies.
2. Protection of groundwater bodies is carried out by taking measures to prevent pollution, contamination of groundwater bodies, depletion of their reserves, as well as elimination of the consequences of these processes, and includes:
a) measures to prevent the ingress of pollutants into groundwater;
b) measures to eliminate the consequences of pollution, contamination of groundwater and depletion of their reserves;
c) monitoring the chemical, microbiological and radiation state of groundwater;
d) monitoring the level regime of groundwater;
e) determination of the volumes of extraction (extraction) of groundwater from groundwater bodies in accordance with the project documentation and (or) a technical project for the development of mineral deposits approved in accordance with the established procedure;
f) determination of volumes of disposed associated (stratal) waters, radioactive waste, production and consumption waste of I - V hazard classes into deep horizons (collectors) in accordance with the project documentation approved in the prescribed manner;
g) determination of the volume of wastewater disposed in groundwater bodies that are not used and cannot be used for the purposes of drinking and domestic water supply in accordance with the project documentation approved in accordance with the established procedure;
h) the establishment of a regime of economic activity prohibiting work that pollutes groundwater within the boundaries of sanitary protection zones of drinking groundwater intakes, the boundaries of districts of mountain-sanitary protection of mineral water deposits, as well as in the areas of feeding unprotected aquifers used for the purposes of centralized and non-centralized drinking and household water supply.
3. Protection of groundwater bodies is carried out in the following types of activities:
a) geological exploration of the subsoil, accompanied by mining operations, including drilling of wells;
b) development of mineral deposits, including drinking, technical, mineral medicinal, thermal power and industrial underground waters;
c) construction and operation of underground structures not related to the extraction of minerals;
d) extraction of groundwater during dewatering associated with the construction and operation of industrial and civil structures, drainage of reclaimed and flooded areas, as well as extraction of groundwater during the elimination and localization of foci of groundwater pollution, infiltration of water into aquifers in order to artificially replenish the reserves of underground waters;
e) placement of production and consumption waste, as well as placement in rock strata of associated waters and waters used by subsoil users for their own production and technological needs in the exploration and production of hydrocarbon raw materials;
f) burial of radioactive waste, production and consumption waste of I - V hazard classes in deep horizons, ensuring the localization of such waste;
g) the implementation of economic and other activities that are related to the placement, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, structures, structures and other objects, which has a direct or indirect impact on underground water bodies and leads or can lead to pollution and / or depletion of their stocks.
II. Measures to prevent pollution of groundwater, depletion of their reserves, as well as to eliminate the consequences of these processes
4. The measures specified in paragraph 2 of these Rules include preventive and special measures.
5. Preventive measures include:
a) placement of newly created facilities that are potential sources of pollution and (or) depletion of groundwater reserves, taking into account the minimization of adverse anthropogenic impacts;
b) preventing the ingress of pollutants from the earth's surface, from sedimentation tanks and storage ponds, underground structures (sewers and pipelines) into underground waters by installing protective engineering structures and impermeable screens, taking into account hazardous engineering-geological and other processes;
c) equipment at facilities that are potential sources of groundwater pollution, observation wells;
d) monitoring the chemical, microbiological and radiation state of groundwater and their level regime (hereinafter referred to as monitoring the state of groundwater) by analyzing water samples and measuring groundwater levels in operational water intake and observation wells.
6. Special events include:
a) construction of engineering structures for the interception of polluted waters when they are spilled in order to localize foci of groundwater pollution;
b) creation of protective structures around the center of groundwater pollution;
c) elimination of foci of groundwater pollution;
d) monitoring the condition of groundwater in contaminated areas.
7. The measures specified in paragraph 2 of these Rules are developed as part of project documentation for the design and construction of facilities that are potential sources of groundwater pollution, as well as technical projects for the development of mineral deposits.
III. Geological and hydrogeological support of groundwater protection
8. In order to monitor the state of groundwater and timely take special measures for their protection at groundwater intakes, production and reserve wells must be equipped with meters for measuring the volume of groundwater production and devices for measuring groundwater levels.
Groundwater intakes with a production volume of over 100 cubic meters. meters per day should be equipped with observation wells for systematic monitoring of the quality and level of groundwater in the subsoil area provided for use.
9. In the event of a deterioration in the quality of the extracted groundwater, expressed in an excess of salinity, hardness, the appearance of bacterial and chemical pollution, as well as in a deviation of the water intake operating mode from the indicators established in the design documentation, the subsoil user is obliged to notify the relevant territorial body of the Federal Service for Supervision of Natural Resources. Information about the specified deterioration in the quality of the extracted groundwater is sent on paper or electronic media with a cover letter containing a list of the information provided.
10. Design and construction of observation wells, observation of the state of groundwater and laboratory control of the quality of groundwater are carried out by subsoil users and (or) other persons who own, on the basis of ownership or other legal basis, objects that are potential sources of pollution and (or) depletion groundwater reserves.
11. The location of observation wells and their design are determined taking into account the geological and hydrogeological conditions of groundwater bodies.
12. The parameters of observation wells and observations of the state of groundwater carried out on them are subject to correction if the values of the indicators of groundwater pollution, previously agreed upon in the project documentation, are exceeded.
IV. Protection of groundwater bodies in the extraction of groundwater
13. Protection of groundwater deposits is carried out in accordance with the requirements established by the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological well-being of the population.
14. Measures for the protection of groundwater bodies are provided for by the technical project for the development of mineral deposits, prepared, agreed and approved in accordance with the established procedure.
15. It is prohibited to extract underground waters and place in the bowels of sewage, associated (stratal) waters, radioactive waste, production and consumption waste of I-V hazard classes with devices (wells and capturing) that are not equipped with measuring devices (meters, flow meters), which must be equipped with all outlets, including emergency ones.
16. Elimination of emergency and unsuitable for further use wells, as well as conservation of unused wells are carried out by subsoil users in accordance with the design documentation for the abandonment or conservation of these wells.
17. Groundwater is discharged to the surface with a minimum number of capturing structures. In the case of the withdrawal of underground waters with an aggressive corrosive effect, materials resistant to destruction are used for the manufacture of production strings and other structures.
18. When drilling new production or exploratory wells within the field, as well as when performing any repair work on existing wells, measures are taken to prevent depressurization of casing strings that isolate various aquifers.
19. During the extraction of underground waters, it is not allowed to release the extracted underground waters that are not provided for in the design documentation.
V. Protection of underground water bodies during underground disposal of waste and effluents
20. Placement of associated (stratal) waters, radioactive waste, production and consumption waste of I - V hazard classes is possible in deep horizons of rocks (reservoirs), including those containing highly mineralized groundwater that has no use.
21. Disposal of waste water, associated (stratal) waters, liquid toxic, radioactive and other hazardous wastes in rock strata containing groundwater, which can be used for heat power, industrial, drinking and household purposes, is not allowed.
Document overview
The issues of protection of groundwater bodies have been settled.
These include, inter alia, preventing the entry of pollutants into groundwater; on elimination of the consequences of pollution, clogging; monitoring the level regime, as well as the chemical, microbiological and radiation state.
The types of activities within the framework of which the protection of groundwater is carried out have been determined. These are, for example, geological exploration of the subsoil, accompanied by mining operations, including drilling of wells; development of mineral deposits, including drinking, technical, mineral medicinal, thermal power and industrial underground waters; construction and operation of underground structures not related to the extraction of minerals.
The features of the geological and hydrogeological support for the protection of groundwater have been established.
Measures are envisaged for protection during underground disposal of waste and effluents, during the extraction of underground waters.