Fraud warning. Illegal actions of JSC Gazprom Distribution Far East Will be fined or not
Gas / Gasification and gas supply
The Gazprom company in the Rostov region sent warnings to its subscribers about impending gas shutdowns. Consumers of Gazprom Mezhregiongaz Rostov-on-Don were warned that the absence of a gas equipment maintenance agreement could be the basis for stopping gas supply. However, the employees of the Russian Post threw the correspondence into a landfill.
The scandal erupted after photos of a dump of letters with the Gazprom logo appeared on social networks. A few days later, the data received official confirmation.
“The letters found at the landfill of the Zapadny microdistrict of Rostov-on-Don are notifications from Gazprom Mezhregiongaz Rostov-on-Don LLC about the termination of gas supplies to subscribers due to the lack of an agreement for the maintenance of in-house gas equipment (TO VDGO),” the official message of the Rostov gas company.
The press release clarifies that subscribers are required to conclude an agreement for the maintenance of VDGO - otherwise Gazprom Mezhregiongaz Rostov-on-Don LLC has the right to stop gas supplies to subscribers even during the heating season.
According to the gas workers, Gazprom Mezhregiongaz Rostov-on-Don and the Russian Post conducted an internal investigation into the discarded notices. The scattered written correspondence has already been collected and will be delivered to the recipients.
Subscribers who have not entered into a maintenance contract will be disconnected
The gas company informs that according to the "Rules for the supply of gas to meet the domestic needs of citizens", approved by Decree of the Government of the Russian Federation dated July 21, 2008 No. 549, the subscriber is obliged to conclude an agreement for maintenance of the VDGO with a specialized (gas distribution) organization and provide a copy of the contract for the territorial area of Gazprom Mezhregiongaz Rostov-on-Don LLC.
In the absence of such an agreement, Gazprom Mezhregiongaz Rostov-on-Don LLC has the right to unilaterally stop gas supplies.
After the New Year holidays, many residents of the region received registered letters with notifications. Without any "hello, dear client", the letters were hit in the forehead: these documents were called "notifications of the upcoming suspension of gas supply." Many, especially elderly and especially excitable people, clutched their hearts: how is it, we regularly pay, but here it is!
Shamelessly
We, however, hope that none of the Vladimirians caught a heart attack after opening the boorish letters. But let's admit - it is necessary to be able to raise the level of irritation with the work of the gas company, which, in general, solved the usual technical problem.
The fact is that after several explosions of domestic gas in Russia, associated with human casualties, the gas workers decided to put things in order with contracts for the maintenance and repair of in-house gas equipment.
Unlike the court, where the burden of proof lies with the prosecution, the gas workers accused the subscribers in advance of the absence of such agreements. And even if subscribers have such contracts, they must prove it themselves by coming to the company's office. So there is a contract, there is none - it was impossible to avoid a walk in the cold, first to the post office, and then stand in line at the city gas station. There is a story in the annals of the editorial office, when the head of the department for work with the population of Gazprom Mezhregiongaz Vladimir, Alexander Kazakov, signed the “letter of misfortune” on December 20, it went from Vladimir to the addressee in the village of Melehovo, Kovrovsky district, on December 23, where it arrived by mail on December 31 . The notice was brought to two old men (aged 84 and 81) on January 11, but they were only able to receive it on January 14. We opened it, and then bam - we will turn off the gas if you do not conclude an agreement (or prove that you have one) before January 10. Plus, the “national treasure” scares not only by shutting off gas in the middle of winter - gas workers threaten subscribers (correct payers!) With a considerable fine.
What happened?
The gas workers themselves refer to the decree of the Government of the Russian Federation of July 21, 2008 - that is, they, if they wanted, could carry out this work calmly and without emergency work for seven years already. In 2013, the Decree of the Government of the Russian Federation (dated 05/14/2013 No. 410 as amended on 09/04/2015) “On measures to ensure safety when using and maintaining in-house and in-house gas equipment” was issued, where this norm already exists as the main one. In any case, there was time for systematic work with subscribers. The gasmen themselves say that they drove it. Like, 80 percent of the population by the beginning of 2017 had such agreements. But the remaining 20 percent is a lot!
Gazprom Mezhregiongaz Vladimir constantly promotes safety when using gas equipment. These are reminders on receipts for gas, and announcements on stands in the company's subscriber services, information in the media, explanations for personal reception of subscribers, and so on, - says the author of the "letter of misfortune" Alexander Kazakov.
Someone was offered to conclude an agreement during the rounds of specialists checking equipment. But it is also true that many people have not been offered contracts over the years, although it would be much more convenient than running around the offices and lines in shock. Further, do gas workers seriously think that most people read something on receipts other than the amount due?
Then (this applies to residents of apartment buildings) - inspectors go around the apartments. So there is a deal...
By the way, he was. But earlier this agreement on behalf of the tenants was concluded by the management company. But that agreement did not give the gas services an impeccable legal basis to get into the apartment if the owners did not want to let them in. And no one could give a guarantee that everything was in order with the equipment in this apartment. And in order to turn off the gas to consumers who were legally connected, but who did not allow regular technical inspections, there were also not enough grounds.
According to the legislation, unilateral suspension of gas supply due to the absence of an equipment maintenance contract is a right, not an obligation, of a gas supplier. The SSO exercised this right in December 2016, when the Commission for the Prevention and Elimination of Emergencies and Ensuring Fire Safety of the AVO recommended to intensify work on the prevention of emergencies when using natural gas in everyday life, Kazakov explained.
OK, we admit - the gas workers had reasons for active actions. But not so in the forehead! ..
And not so stupid...
Tales of 16 Windows and Lost TimeBut even emergency situations can be organized in a civilized manner.
Recently, Director General of Gazprom Gas Distribution Vladimir Yuri Dubrov said that only in the Customer Service Center on Krasnoznamennaya Street the number of operators was increased from 8 to 16, and the average waiting time was reduced to 20-25 minutes. It is unlikely that Dubrov checked this himself, probably, he relied on the information of specialists. And they misled the chief - and framed ...
The personal experience of none of the editorial staff (some monitored the situation, and some tried to draw up contracts themselves) did not coincide with the figures mentioned by Dubrov. Personally, I took coupon No. T388 at 17:49. I was invited to the operator of the Center exactly 50 minutes later (there were 25 people in line before me). Plus time to complete the contract. It took more than an hour for everything. Instead of the promised 16, only four operators worked. Then the electronic queue system broke down altogether. Behind me in line was a girl who had already come in the afternoon. There were even more people. She said that no more than 4 windows worked during the day. People call the editorial office, saying that they could not get to the coveted window, having stood for 1.5 hours ... What 25 minutes are there ...
By the way, there are no complaints about the operators themselves: they are polite, helpful, which is not easy when customers are annoyed. By and large, there are few claims to the Center itself - they also have an emergency: work has been extended until 19:00, Saturdays have become working. Everyone has families, children, plans that have gone down the drain.
And because of what? Sorry for being direct - because of the management of the gas services. The first question has already been voiced: why didn't work start earlier? The second claim - to the text of the notice. It is unacceptable to speak with your clients who regularly pay you money in such a language.
The notices have been prepared in full compliance with the current version of Decree of the Government of the Russian Federation No. 549 dated July 21, 2008, paragraph 46 of which reads: “Before the suspension of the execution of the contract, the gas supplier is obliged to send the subscriber a notification by registered mail (with notification of its delivery) about the upcoming suspension of gas supply and its reasons no later than 20 calendar days before the date of suspension of gas supply,” Kazakov, head of the department for work with the population of Gazprom Mezhregiongaz Vladimir, disagrees.
Maybe. But was it really impossible to start the letter with the words "Dear Subscriber"?
Will they be fined or not?
And the main question of those who have not yet had time, but are planning to conclude a maintenance contract: will they turn it off or not, will they be fined or not? And if so, how much?
- Gazprom Mezhregiongaz Vladimir is not authorized to fine consumers. The date specified in the notice is not the exact date of the shutdown, but only determines the beginning of the period of time during which measures can be applied to the subscriber to force the suspension of gas supply, Kazakov comments. - Nevertheless, we draw attention to the fact that it is necessary to conclude a maintenance contract as soon as possible. The safety of people depends on this. In the future, the company reserves the right to take measures to force the suspension of gas supply.
Ekaterina NOSOVA.
^
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You haven't read the JSC Law yourself. Meanwhile, the question is not very complicated.
The procedure for holding a general meeting is as follows.
Shareholders are notified that a general meeting of shareholders will be held on such and such date with such and such an agenda. If they have at least 2 percent of voting shares, they have the right to put their questions on the agenda of the general meeting. A notice in accordance with the JSC Law and the charter may not be sent to each shareholder personally, but may be published in some publication, say, in Rossiyskaya Gazeta (or other all-Russian media).
The JSC Law does not provide for the right of the board of directors to make recommendations to the general meeting of shareholders on the amount of remuneration for a member of the board of directors. But the JSC Law states that, in addition to the issues expressly provided for by the Law, the company's charter may refer other issues to the competence of the board of directors. That is, Gazprom's charter may provide for the right of the board of directors to make a decision on recommending a certain remuneration.
Further. In this case, the minutes of the meeting of the board of directors refers to the documents and materials that must be presented to the shareholders for review prior to the general meeting. But how this acquaintance proceeds is not regulated by the JSC Law. Accordingly, the notice of the general meeting (which was published, for example, in Rossiyskaya Gazeta, which the shareholder in question most likely does not know about) should indicate the procedure for familiarizing shareholders with these documents ( materials), including the minutes of the board of directors, which determined the amount of remuneration recommended to the general meeting. For example, it may be written there that a shareholder has the right to come before the general meeting at a certain address and get acquainted with the minutes. And even make copies. And the bulletin is already sent as part of the general meeting of shareholders, and not preparation for it, the final agenda is already fixed there. And it does not follow directly from the law that the amount of remuneration of a member of the board of directors should be indicated there.
And what will the shareholder prove in court? The judge will ask him: Did you know that on such and such a date the announcement of the general meeting was published in such and such a newspaper? - No, I didn't know. - And who prevented you from demanding a copy of the charter, which refers to the procedure for notifying shareholders of a meeting? - Nobody interfered. - In the message about the general meeting, it was written that you can familiarize yourself with the minutes of the meeting of the board of directors, which determines the recommended amount of remuneration for members of this body? - Let us suppose. - And who prevented you from getting acquainted with it and what is the violation of your rights? - And I think that the amount of remuneration should be indicated in the bulletin. - And where did you get it from, where is it written in the Law on JSC?
Such are our laws. Unfair to minority shareholders, perhaps. But you still need not to click your beak yourself.
A pretty "gift" during the New Year holidays was given to many residents of the regional center by gas workers in the Vladimir region. As it became known to us, several thousand residents of Vladimir received “letters of happiness” from Gazprom Mezhregiongaz Vladimir about the upcoming shutdown of apartments from gas from ... January 10, 2017!
We can only judge the exact number of notifications. In any case, the press service of Mezhregiongaz confirmed to us that their number is very significant. For example, every second employee of our editorial office received an angry notification, although none of us has debts for gas.
So, in the "letters of happiness" residents are accused of not complying with the decree of the government of the Russian Federation No. 549 of July 21, 2008, in connection with which subscribers are warned about a possible suspension of gas supply from January 10. People were informed that they allegedly did not have valid contracts for the maintenance and repair of gas equipment, concluded with specialized organizations.
Most of the subscribers who regularly pay gas bills were outraged that citizens were given only one (!) working day to correct the situation - January 9, during which people need not only to conclude an agreement (the letter contains a list of 4 "potential" companies, engaged in maintenance), but also bring this agreement to the office of Mezhregiongaz at the address: Mira Street, 34.
Otherwise, the gas workers promise to massively turn off the gas supply to apartments from January 10, and they promise to shift all the costs associated with disconnecting and reconnecting appliances to the owners of the apartments.
A contact phone number is indicated in the letters, but it is not possible to get through to him today. However, this is not surprising, given the mass distribution of "letters of happiness"!
We managed to get in touch with the head of the press service of Gazprom Mezhregiongaz Vladimir, Roman Kazanevich, who confirmed that this mailing was really a mass one.
– Of course, no one will go door-to-door tomorrow for the purpose of massive shutdown of gas Kazanevich explained. - But subscribers will still have to conclude contracts - no one has canceled the government's decree!
So why was it necessary to frighten the residents of Vladimir with a possible disconnection from a vital utility service in case of non-fulfillment of the conditions of Gazprom within just one day? And do people really have to visit the offices of structures affiliated with Gazprom in order to conclude standard contracts? Isn't it easier to send them to subscribers by mail?
Kazanevich could not answer these questions right off the bat, the head of the press service promised to look into the situation and distribute an official press release to the media within 2 hours. Follow our publications, this news will be updated soon!
Residents of an apartment building at the address: Krasnodar Territory, Anapa District, s. Tsibanobalka, st. Sadovaya, d. 54B with a request to place an open letter to the Chairman of the Management Board of PJSC Gazprom A.B. Miller in order to draw attention to their problem related to the arbitrariness of employees of Gazprom Gas Distribution Krasnodar JSC in the process of connecting (technological connection) of their residential building to gas distribution networks.
Fulfilling this request, we are posting an open letter on the GIGO information portal. We also ask everyone who is not indifferent to spread the information below.
Chairman of the Board
PJSC Gazprom, Deputy
Chairman of the Board of Directors
PJSC Gazprom
A.B. Miller
BOX 1255, St. Petersburg, 190900
from residents of an apartment building at the address: Krasnodar Territory, Anapsky District, s. Tsibanobalka, st. Sadovaya, 54B
OPEN LETTER
Due to the arbitrariness of the employees of the gas distribution organization of Gazprom Gas Distribution Krasnodar JSC, our 33-apartment residential building, located at the address: Krasnodar Territory, Anapa District, s. Tsibanobalka, st. Sadovaya, 54B, has not yet been connected to the gas distribution network.
On July 27, 2015, the developer of the above multi-apartment residential building Morar N.I. signed an agreement with Gazprom Gas Distribution Krasnodar on connection (technological connection) to gas distribution networks. The heating and hot water supply system, according to the project, is provided individually with the installation of heat generators in each apartment.
On October 18, 2018, the gas consumption network was put into operation in accordance with the procedure established by law. The executive and project documentation for our house was sent by the employees of Temryuk Branch No. 13 to Gazprom Gas Distribution Krasnodar JSC to the Deputy General Director - Chief Engineer Shalimov D.V. to obtain a special "permit" to carry out work on the tie-in of an underground low-pressure gas pipeline to our apartment building. To date, such a "permission" has not been received by the employees of Branch No. 13, and they, in their words, cannot proceed with the tie-in of the gas pipeline.
In mid-January 2019, the tenant of our house Beley V.I. I got through to the deputy head of the technical department Yatlov Ya.Yu., who said that the tie-in was allowed, the documents were sent to branch No. 13, and the work would be done within 3-4 days. However, these allegations were not true, and the gas pipeline was never inserted. Instead, a response came from the Ministry of Fuel and Energy Complex and Housing and Communal Services of the Krasnodar Territory to our oral appeal to the Governor of the Krasnodar Territory that in order to tie in the gas pipeline, the residents of the house must conclude gas supply agreements with Gazprom Mezhregiongaz Krasnodar, which is a gas supply monopolist in the municipality of the city Anapa resort.
On February 21, 2019, we got through to the Deputy Chief Engineer of Gazprom Gas Distribution Krasnodar O. V. Solinov, who said that he would solve the problems. However, since then he has not called back or even informed when they plan to start the tie-in.
On March 19, 2019, we received a letter from the Ministry of Fuel and Energy Complex and Housing and Communal Services of the Krasnodar Territory stating that the gas pipeline will not be tapped until the management company concludes an agreement for the maintenance of in-house gas equipment, and residents of apartments - in-house gas equipment with JSC Gazprom Gas Distribution Krasnodar, which occupies a dominant position in the market for maintenance and repair of gas equipment in the municipality of the resort city of Anapa. Letters of the same content were received from the administration of the municipality of the resort city of Anapa.
It should be noted that Gazprom Gas Distribution Krasnodar JSC is not the only specialized organization that carries out maintenance and repair of gas equipment in the municipality of the resort city of Anapa.
About a week ago, the office of our management company was visited by the deputy chief engineer of branch No. 13 of JSC Gazprom Gas Distribution Krasnodar, Okhremchuk S.I. agreement with branch No. 13 of Gazprom Gas Distribution Krasnodar JSC, otherwise the tie-in will not be made. Residents of apartments will have to conclude contracts for the maintenance and repair of in-house gas equipment only with branch No. 13 of JSC Gazprom Gas Distribution Krasnodar on their terms, otherwise residents will not be able to conclude contracts for the supply of gas with their affiliated organization LLC Gazprom Mezhregiongaz Krasnodar, which occupies a monopoly position in the market.
We consider the conditions of branch No. 13 of JSC Gazprom Gas Distribution Krasnodar to be obviously unfavorable for us for the following reasons:
- Employees of branch No. 13 deliberately create queues when concluding contracts in order to collect fees that are typical for organizations that occupy a monopoly position in the market: for “accelerating” the process of passing documents, that is, in the case of transferring a certain amount of money directly to a specific employee carrying out that or other transaction, the documents will not be artificially unreasonably delayed; there is also a “service” for organizing a “green light”, that is, documents in the case of a “offering” will not be artificially unreasonably faulted;
– the prices for services are higher than the market average, while the price of maintenance is not indicated in the contract at all: an empty space is deliberately left in the price column so that later you can enter any desired price of the contract unilaterally;
– according to the contract, a 100% prepayment for services for the year is provided, according to the current price list, the money must be paid to the cash desk of the enterprise within 10 days, the employees require the signing of an act of work performed, which is drawn up in a single copy and remains in branch No. 13, otherwise the signed contract is issued will not be on hand;
- the imposition of the conclusion of an agreement for the maintenance of a gas boiler worth more than 5,000 rubles per year, also with an act of work performed, drawn up in a single copy;
- a derogatory attitude towards customers, outright rudeness of the attendants, constant requisitions, incompetence, including maintenance specialists.
It is quite obvious that maintenance and service work will not be carried out in the future for the prepayment made, since the acts of completed work have already been signed. It also raises doubts about the need for service maintenance of a new boiler, which is still under the manufacturer's warranty. Moreover, these works are not mandatory. Accordingly, all actions of employees of branch No. 13 when concluding contracts for maintenance and repair, in our opinion, represent the collection of funds through deceit and breach of trust.
These actions of the employees of Gazprom Gas Distribution Krasnodar, associated with pressure on us, deprive us of the right to choose a specialized organization for the maintenance of in-house and in-house gas equipment. Contradict the laws of the Russian Federation, including consumer protection and antimonopoly laws. Under these conditions, the reason for the delay in connecting (tie-in) the gas consumption network of our house to the gas distribution network of JSC Gazprom Gas Distribution Krasnodar is absolutely understandable.
In violation of clause 104 of the Rules for connection (technological connection) of capital construction facilities to gas distribution networks, approved by Government Decree No. 1314 dated December 30, 2013 (hereinafter referred to as the Rules), JSC Gazprom Gas Distribution Krasnodar imposes on us services and obligations that are not provided for by the Rules .
At the same time, the requirements of clause 98 of the Rules and Conditions of the Agreement are not met, according to which JSC Gazprom Gas Distribution Krasnodar is obliged to carry out actions for connection (technological connection) no later than the date of connection (technological connection) established by the connection agreement. In addition, the Rules and the contract for connection (technological connection) do not provide for the requirements to conclude contracts for the maintenance and supply of gas and provide copies of such contracts to JSC Gazprom Gas Distribution Krasnodar before the connection (technological connection) is performed.
According to paragraph 35 of the Rules for the use of gas in terms of ensuring safety when using and maintaining in-house and in-house gas equipment when providing public gas supply services, approved by Government Decree No. 410 of May 14, 2013, the lack of technological connection (connection) of an apartment building to the gas distribution network is the basis for the refusal of a specialized organization to conclude an agreement on the maintenance and repair of in-house and (or) in-house gas equipment.
Judging by the information posted on the official website of the deputy of the State Duma of the Russian Federation, member of the Central Headquarters of the Public Popular Front Kostenko N.V. in the information and telecommunication network Internet at http://xn--80aaptbdlfhd3ahf0lwb.xn--p1ai/gazprom , the violations we have described are of a systemic nature. In February 2019, the Prosecutor's Office of the Krasnodar Territory submitted to the General Director of Gazprom Gas Distribution Krasnodar JSC Rudnev A.V. the idea of eliminating violations “associated with the illegal collection of an annual prepayment for the services provided, while the rules for the provision of utility services for gas supply, approved by the Government of the Russian Federation, clearly state that “payment for services for the technical equipment of in-house gas equipment is carried out after their acceptance by the consumer” .
We know that the violations described by us during the connection of gas have become common practice also in the municipality of the resort city of Anapa. JSC Gazprom Gas Distribution Krasnodar ultimately “pressures” people and legal entities, forcing them to accept their conditions, while using the administrative resource in the form of support from the administration of the Krasnodar Territory and the administration of the municipality of the resort city of Anapa, which send out letters indicating the requirement of conclusion agreements on the maintenance and repair of gas equipment with an economic entity that occupies a dominant position in the market - Gazprom Gas Distribution Krasnodar JSC.
However, after that anti-human and immoral attitude towards us from the employees of Gazprom Gas Distribution Krasnodar JSC, we, if there is an alternative, do not want to have any relationship with this organization and will still seek justice and restore our rights.
We turned to the Komsomolskaya Pravda newspaper, in connection with which the Krasnodar branch published an article “They have been waiting for the promised 3 years”: gas has not been connected to residents of an apartment building in Anapa since 2015”, posted on the Internet at https://www. kuban.kp.ru/daily/26956/4009847/. Journalists sent inquiries to Gazprom Gas Distribution Krasnodar JSC and the Ministry of Fuel and Energy Complex and Housing and Public Utilities of the Krasnodar Territory in order to clarify the situation. Material is being prepared to be published in the federal media.
The actions of the employees of Gazprom Gas Distribution Krasnodar JSC are literally deadly for us. Mostly pensioners live in the house. So a resident of our house: a participant and a disabled veteran of the Second World War did not live to see the gas supply. On this occasion, a request was sent to the federal television program "Man and the Law" in order to make public what is happening.
A complaint was sent to the Office of the Federal Antimonopoly Service for the Krasnodar Territory.
An appeal is being prepared to the Prosecutor General's Office of the Russian Federation in order to obtain a legal assessment of the actions of employees of the Gazprom group of companies and bring specific individuals to justice.
Based on the results, a statement of claim will be sent to the court in order to recover material and moral damage, including from specific individuals.
The information space has recently been filled with reports of illegal actions by Gazprom Group employees, mainly top managers, especially in the southern regions of Russia.
We are forced to state that the situation that has developed in the Krasnodar Territory is also far from the legal field.
By the will of the employees of the commercial organization JSC Gazprom Gas Distribution Krasnodar, officials of the administration of the Krasnodar Territory and the municipality of the resort city of Anapa, we do not have the opportunity to fully live in our premises, we are limited in the use of the energy resource, in fact we are in the position of "deceived equity holders".
We understand that we are not addressing a government agency, but the leadership of a global transnational energy company, the largest gas supplier to Europe and Turkey (information from the official website
gazprom.ru), which has purely commercial interests on the territory of the Russian Federation, but we still hope that our complaint will not go unnoticed and at least an internal investigation will be carried out, since the methods and techniques used by employees of the Gazprom group in relation to their future subscribers inside countries, in our opinion, are in conflict with the norms of corporate ethics, not to mention violations of the legislation of the Russian Federation.
On the territory of the Anapa District, one of the most expensive projects of PJSC Gazprom is currently being implemented - the South European Gas Pipeline, the investment project "Increasing Gas Supply to the South-Western Regions of the Krasnodar Territory" is being put into operation, respectively, PJSC Gazprom has free capacities in the Anapa region should be in abundance. In light of this, I would like to draw the attention of the Gazprom management to such a main task of the Company, enshrined in Article 3 of the Charter, as ensuring non-discriminatory access for any organizations operating in the Russian Federation to the free capacities of the gas transmission and gas distribution networks owned by the Company in the manner prescribed by the Government of the Russian Federation, and to assist in completing the procedure for connecting (technological connection) of our house to the gas distribution networks of the gas distribution organization JSC Gazprom Gas Distribution Krasnodar, affiliated with PJSC Gazprom.