Project
On amendments and additions to the resolution of the Akimat of the city of Ridder dated October 5, 2022 №. 942 “ On approval of the Rules
provision of public utilities in the city of Ridder »
The Akimat of the city of Ridder DECIDES:
in paragraph 2 :
subparagraph 1 shall be set out as follows :
“1) a single payment document is a document drawn up on paper or generated in electronic form, on the basis of or with the help of which a payment and (or) money transfer is made, drawn up for the payment of utilities and additional services; ”
supplement with subparagraphs 1-1) and 1-2) of the following content:
“ 1-1) billing – a hardware and software complex designed for the automatic execution of accounting operations for services provided by the subscriber, as well as their pricing and issuing of invoices for payment;
1-2) a single settlement center (hereinafter referred to as SSC) – legal entities that meet the requirements and operating procedures determined by the authorized body, that generate a single payment document and ensure interaction between utility service providers and utility service consumers on the basis of information systems ; » ;
supplement with subparagraphs 9-1) and 9-2) of the following content:
“ 9-1) financial organizations are banks whose activities are regulated by the Law “On banks and banking activities in the Republic of Kazakhstan”, as well as payment organizations operating in accordance with the Law “On payment organizations and payment systems”, acting as financial partners of the Unified Settlement Center, accepting payments from consumers on the basis of a single payment document using their own payment instruments (cash desks, Internet banking, mobile applications, terminals and other means) and transferring received funds to the current accounts of service providers ;
9-2) additional services are services that are not public utilities, but are directly related to the maintenance, servicing and operation of housing stock, including private households, aimed at ensuring comfortable and safe living; " ;
subparagraphs 13) and 14) shall be set out as follows:
“ 13) water supply – a set of measures that ensure the collection, storage, preparation, delivery and distribution of water resources;
– a set of measures that ensure the collection, transportation, treatment and discharge of wastewater through wastewater disposal systems into water bodies, wastewater storage facilities or onto the terrain ;
supplement subparagraph 1 5 -1 ) with the following content:
“ 15-1) a transit account is a special bank account opened in a second-tier bank or an organization that carries out certain types of banking operations, intended for the accumulation of funds received from consumers of public utilities on the basis of a Single Payment Document, with subsequent automated distribution of these funds to the settlement accounts of the relevant service providers; " ;
supplement with subparagraphs 18-1) and 18-2) of the following content:
“18-1) the information system for the centralized collection and storage of electronic information resources in the sphere of housing relations and housing and communal services (hereinafter referred to as the IS for centralized collection) is a state information system that ensures the consolidation of electronic information resources from housing and communal services information technology facilities for the analysis of the housing stock and housing and communal services and the implementation of state regulation in the sphere of housing relations and housing and communal services;
18-2) technical operator in the sphere of housing relations and housing and public utilities - a legal entity with one hundred percent state participation in the authorized capital, designated by the Government of the Republic of Kazakhstan as a technical operator in the sphere of housing relations and housing and public utilities of the national project for the modernization of the energy and public utilities sectors; " ;
subparagraph 20) shall be set out as follows:
“ 20) consumer – an individual or legal entity using or intending to use public utilities and other additional services ; ”
paragraph 4 shall be set out as follows:
“ 4. For public utilities through the connecting network, individual and (or) public agreements are concluded between the consumer and the utility service provider in accordance with the legislation of the Republic of Kazakhstan.
Associations of property owners or entities managing a condominium property enter into cooperation agreements with utility service providers (for each type of service).
Associations of property owners or entities managing a condominium facility may enter into agreements with service entities for the maintenance of the common property of the condominium facility.
Under direct joint management, cooperation agreements are concluded between the organizations providing utilities for the maintenance of the common property of the condominium and all or a majority of the apartment and non-residential property owners. In this case, the apartment and non-residential property owners act as one party to the agreement.
The agreement between the supplier and the consumer for the provision of public utilities may not contradict current legislation and is considered to be concluded for an indefinite period, unless otherwise provided by agreement of the parties ; " .
paragraph 7 shall be set out as follows:
“ 7. The chairman of the property owners’ association or the entities managing the condominium property may enter into agreements with the entity providing service activities to maintain in proper technical condition and ensure the safety of common building engineering systems and equipment, as well as metering devices , which are the common property of the condominium property ; ”
paragraph 9 shall be set out as follows:
“ 9. The chairman of the property owners’ association or the entities managing the condominium facility, or all owners of apartments, non-residential premises, in the case of direct joint management, ensuring the maintenance of the common property of the condominium facility on the basis of the concluded agreement, shall ensure unimpeded access of the supplier and its representatives to the common building engineering systems, to metering devices, and to the places of placement and storage of municipal waste ; "
add paragraph 11-1 with the following content :
“ 11-1. Local executive bodies monitor payments for utilities by collecting, processing and analyzing information provided by the Unified Settlement Center and service providers, aimed at ensuring transparency of payments, monitoring compliance with tariffs, identifying errors, preventing abuse and protecting consumer rights”;
paragraphs 14 and 15 shall be set out as follows :
“ 14. The chairman of the property owners’ association or the entities managing the condominium facility, or all owners of apartments, non-residential premises, in the case of direct joint management, organizes work to prepare the condominium facility for the heating season in accordance with the rules for the preparation and implementation of the heating season, approved by the East Kazakhstan Regional Maslikhat in accordance with subparagraph 4-1) of paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan “On Local Public Administration and Self-Government in the Republic of Kazakhstan.”
in paragraph 2 0:
supplement with subparagraphs 9 ) and 10) of the following content:
“ 9) receives an electronic version of a single payment document from the “Unified Housing and Public Utilities Platform”.
10) If necessary, the delivery of a payment document in paper form is arranged by the Unified Settlement Center. In this case, a paper payment document is delivered upon the presence of a signed application from the consumer to receive a payment document in paper form .
in paragraph 2 1:
subparagraph 2) shall be set out as follows :
“ 2) monthly provides the Unified Settlement Center with the information necessary for the formation of a single payment document in electronic form for utilities and additional services provided to the consumer on the basis of concluded contracts ; ”
subparagraph 8) shall be set out as follows :
“ 8) does not refuse to provide public utilities and does not restrict the consumer in receiving public utilities due to failure to comply with requirements by other consumers, as well as for reasons not provided for by the legislation of the Republic of Kazakhstan ; ”
add subparagraph 10) of the following content:
"10) is responsible to consumers for the accuracy and correctness of data transmitted to the Unified Settlement Center, including compliance with tariffs, service volumes, contract terms, meter data, consumption standards, and other parameters. It also verifies the information against contracts and accounting documents, identifies and corrects errors, including arithmetic errors, incorrect dates, and tariffs . "
paragraph 23 shall be set out as follows :
“ 23. Payments for utilities are accepted through suppliers’ own cash desks and (or) second-tier banks, payment organizations, as well as through the cash desks of the postal operator that carries out postal money transfers . ”
add paragraphs 23-1, 23-2 and 23-3 with the following content :
" 23-1. The Unified Payment Center accumulates funds received based on the Unified Payment Document exclusively in special transit accounts of financial institutions. Funds are transferred to suppliers within three business days after the Unified Payment Center processes data on actual payments received from consumers.
23-2. Second-tier banks or organizations carrying out certain types of banking operations ensure the safety of funds in the transit account until they are distributed to the suppliers’ settlement accounts.
23-3. In the event of untimely transfer of funds from a special transit account to suppliers, the accrual and payment of penalties is determined by the terms of the agreements for the provision of settlement and cash services concluded between the Unified Settlement Center and financial institutions, including second-tier banks and organizations carrying out certain types of banking operations, in which a transit account is opened. " ;
paragraph 24 shall be set out as follows :
“ 24. The terms of payment for utilities are determined by the agreement between the consumer and the supplier, and payment is made no later than the twenty-fifth day of the month following the billing month, unless otherwise provided by agreement of the parties . ”
paragraph 30 shall be set out as follows :
“ 30. The issue of payment for utilities for the maintenance of common property in an apartment building through the chairman of the association of property owners or the entity managing the condominium property or directly to the utility provider is decided at a meeting of the owners of apartments and non-residential premises . ”
add chapter 4-1 with the following content:
Chapter 4-1. Requirements and operating procedures of the Unified Settlement Center.
31-1. Local executive bodies organize a competition for the selection of the Unified Settlement Center based on approved criteria that comply with legal requirements.
31-2. Within an administrative-territorial unit, the local executive body may designate one or more Unified Settlement Centers (USRCs) that operate within the region, including its cities, districts, cities of district significance, and rural settlements. The USRC consolidates all charges from suppliers into a single payment document, which is issued to the consumer. The USRC is selected through a competitive process in accordance with current legislation .
31-3. Unified Settlement Centers are created in the form of business entities, including state-owned public utilities with the right of economic management, or in another organizational and legal form stipulated by legislation and decisions of local executive bodies.
31-4. The Unified Settlement Center maintains the subscriber database, creates personal accounts for consumers, generates and provides reports to suppliers, carries out monthly transfer of information on planned charges and actual payments, and, through integration with the Centralized Collection Information System, provides access to consumer data, taking into account compliance with uniform requirements in the field of information and communication technologies and information security established by the legislation of the Republic of Kazakhstan.
31-5. The Unified Settlement Center verifies the accuracy of information on settlement accounts provided by the supplier.
31-6. The Unified Settlement Center uses billing or engages an external organization (billing company) that has the necessary software and hardware and qualified specialists to ensure the proper performance of functions in compliance with established requirements.
31-7. The ERC bears full responsibility for the compliance of the information provided by the Supplier with the invoices issued.
31-8. Scheduled internal audits of the accuracy of calculations are carried out at least once per quarter, unscheduled audits - upon receipt of requests from consumers or authorized bodies.
31-9. In case of detection of discrepancies, the ERC initiates:
1) record the violations within three working days from the moment of detection;
2) send a notification to the relevant structural divisions with a justification for the identified violations;
3) initiate an adjustment to the relevant account.
31-10. If errors or discrepancies are identified, information about them, as well as the results of inspections, are subject to registration and documentation in accordance with internal requirements. The Unified Settlement Center is obligated to:
1) review the internal invoicing procedure;
2) initiate a revision of the relevant internal requirements;
3) record in cases of detection of errors and discrepancies in the registration log and discrepancies with the preparation of a non-compliance report or an internal service report;
31-11. The results of all inspections are subject to documentary recording and storage for at least three years from the date of implementation;
31-12. Requirements for the Unified Settlement Center:
1) registration in accordance with the legislation of the Republic
Kazakhstan as a legal entity;
2) the availability of modern information systems for the automation of accounting and settlement processes, operated in accordance with the Uniform Requirements in the Field of Information and Communication Technologies and Information Security, which must be confirmed by a certificate of conformity issued by an authorized body in the field of information security and (or) a certificate of conformity issued by an organization accredited by it;
3) compliance with uniform requirements in the field of information
communication technologies and information security, established by the legislation of the Republic of Kazakhstan;
4) the presence of concluded agreements with at least two banks
second level;
5) the presence of mechanisms for protecting consumers’ personal data.
31-13. Functions of the ERC:
1) providing real-time advisory support to consumers through various communication channels in accordance with the established work schedule;
2) consideration of complaints and appeals from citizens within a period of no more than fifteen working days with mandatory notification and the right to extend for no more than five working days;
3) publication on the official websites and information resources of the Unified Settlement Center:
31-14. Evaluation of the effectiveness of the ERC activities:
1) To assess the effectiveness of the ERC activities, benchmarks are established aimed at achieving high standards of quality and service delivery, meeting deadlines and accuracy of payments, as well as customer satisfaction;
2) Performance evaluation may include, but is not limited to, the following aspects:
3) local executive bodies monitor the achievement of established targets within the framework of contractual relations with the Unified Settlement Center;
4) the results of monitoring and compliance with the conditions are subject to regular reporting and publication on the official resources of the Unified Settlement Center;
5) for each direction, target values are established, which are specified in accordance with regulatory legal acts, internal regulations of the Unified Settlement Center and contractual obligations;
6) The performance of the Unified Settlement Center (ESC) is assessed based on data for one calendar year. If the established benchmarks are achieved and the assessment results are positive, the period of validity of the relevant contractual relationship may be extended for an additional five years. "
paragraphs 34 and 35 shall be set out as follows :
“ 34. If the supplier refuses to certify the fact of non-provision of public utilities or provision of public utilities of poor quality, the consumer has the right to draw up a report and a written statement indicating:
1) the time of the onset of the refusal of public utilities (disconnection) or poor quality of their supply;
2) the nature of the deterioration in the quality of public services;
3) time of application submission and its registration number (according to the supplier’s journal);
4) time of restoration of public utilities (normalization of their quality);
5) the period of absence (deterioration in quality) of public utilities.
If the consumer resides in a multi-apartment residential building, the application and the act are signed by the consumer and at least two people, including: a member of the house council, the chairman of the property owners' association or the entity managing the condominium property, or all owners of apartments or non-residential premises, in the case of direct joint management, and sent to the supplier.
If the consumer lives in an individual residential building, the application and the act are signed by the consumer.
If the dispute is not resolved by agreement of the parties, the consumer goes to court.
The act is considered valid even if the consumer refuses to sign, but only if it is drawn up by a committee of at least three people:
representatives of the supplier, the house council and the chairman of the property owners' association or the entity managing the condominium property when the consumer resides in a multi-apartment residential building;
with the participation of two residents living in nearby individual residential buildings, with the addition to the report of photographic and (or) video recording of the violation, when the consumer lives in an individual residential building. " ;
Akim of the city of Ridder D. Rakhmetkaliev