Why power could be cut off in 2022

The law is harsh

As of January 1, 2022, the moratorium on power outages and the accrual of penalties for late payments ceased to apply. Let us remember that the relaxations introduced a year earlier were related to the pandemic. This does not mean that all debts were forgiven in 2022, but defaulters did not risk being left without electricity.

Now the conditions return to the original ones, which means that:

Penalties will be charged for late payment.
If payments are delayed for a long time, electricity supply may be suspended or terminated.
In order for the light to return, you will have to pay a certain amount, and this will not happen immediately, but only within two days.

Ways to avoid punishment and proof of innocence

Knowing the size of fines for turning off electricity for non-payment, you need to understand how you can avoid paying them or reduce the amount. You cannot connect without permission, otherwise it will be difficult to argue that you are right.

Options for avoiding punishment and proving non-involvement:

If there is testimony or other documents indicating that Energosbyt de-energized the residential premises illegally, the person is not obliged to pay the imposed penalties. In addition, the owner has every right to go to court. To do this, you need to competently draw up a complaint against the organization and provide strong evidence of correctness. The application is submitted to the Federal Antimonopoly Service, the Housing Inspectorate or the prosecutor's office at the place of residence. In this case, it is possible not only to restore justice, but also to demand moral compensation.
If the fact of unofficial connection to a common panel is recorded, then it will not be possible to avoid litigation. However, the amount of penalties can be reduced. When a citizen is held accountable under the Criminal Code, then with the help of a lawyer, it is possible to reclassify the offense as a civil or administrative article.
If the owner discovers that the seal has been broken or the meter is not working correctly, then you should contact the management company yourself and resolve the issue amicably.

Actions of the consumer when drawing up an act of unmetered electricity consumption

In statements of claim and claims, it is necessary to substantiate the petition with the legislative norms indicated above.

Note to organizations: if it was discovered that the company’s employees unauthorizedly connected the cable to the common panel, then it is worth informing the management company. In this case, leniency may be obtained.

What is considered debt?

The law contains the concept of “incomplete payment for services”. They talk about it when the consumer has a debt of two months' rent (the average monthly fee is calculated from the consumption standard, installed meters do not affect it).

If the consumer pays for the services provided (this means all services: for example, one receipt may include a bill for heat and electricity) partially, then the amount received is distributed among all categories of services in proportion to the cost of each. The unpaid portion is counted as debt.

Once the amount owed exceeds two months' average payments, the utility provider may impose certain “sanctions,” including limiting the supply of electricity.

What is an unauthorized connection?

Resolution of the Government of the Russian Federation No. 442 states that the following types of unauthorized connections should be considered under this concept:

Non-contractual, these include any connection to the electrical network without regulating the relationship between the consumer and the company providing the service. That is, there is no agreement between them. The presence of a metering device in this case is not taken into account.

Rice. 1. Unauthorized connection to overhead lines
Unaccounted. In this case, we are talking about direct connections to the energy system, bypassing consumption meters. In these cases, there is an agreement on the provision of electricity supply services, but part of the electrical equipment (or all) is connected to the network directly, without a meter. Which, in essence, is also theft.

An example of an unaccounted unauthorized connection diagram

Roskomnadzor (the government body that controls energy sales in Russia) gives a broader interpretation of the concept of “spontaneous connections”; according to the definition of this federal service, these include:

Any connection without a permit (service agreement), even with metering devices.
Interference with the operation of electricity meters, unauthorized unsealing of devices, changes in their operating position, damage to the mechanism, etc.

An example of intervention in the design of a mechanical electric meter (biting the teeth on the gearbox)
The use of special equipment and various methods to underestimate actual meter readings.
Operation of metering devices with obvious physical damage or out of order. If a malfunction or inoperability of the electric meter is detected, the service provider should be immediately informed about this fact.

On what basis can utility workers turn off the lights?

This right is enshrined in Art. 119 of the Decree of the Russian Federation “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.”

In doing so, they must follow a certain order:

First, a notice is sent stating that if the debt is not repaid within 20 days, the service will be first limited and then suspended. If it is not possible to restrict the service, its provision will be suspended without an intermediate step.

Important! A notice is considered given only if there is confirmation of it. This means that it must be handed over to the debtor against receipt or by registered mail with acknowledgment of receipt. If this is not done, further “sanctions” will be illegal. The service provider may use other methods of transmitting a message: a call with a recording, an email with confirmation of receipt, information through the state housing and communal services information system or the Internet.

If the consumer ignores the warning and does not pay the fee, the provider may limit consumption of the service. If this does not lead to results, the provision of the service may be suspended. Exceptions are heating and cold water supply in apartment buildings. Electricity may be cut off if you do not respond to the demand to pay in time.

Complete restriction or suspension of the provision of services - cessation of the supply of electrical energy.

Fine for illegal connection to power grids

Hello, Alexander!

First of all, let me explain that in your situation, several types of liability are possible:

1. Administrative. This, as you correctly found, according to Article 7.19 of the Code of Administrative Offences, is a fine of 10 to 15 thousand rubles, if the actions do not contain a criminal offense. This is a punishment, so to speak, from the state, and the money will go to the budget.

2. Civil law. This is compensation for damage caused by your actions. Simply put, this is the collection of payment for the electricity you consumed.

Next, we turn to the Decree of the Government of the Russian Federation dated May 4, 2012 No. 442 “On the functioning of retail electricity markets, complete and (or) partial restrictions on the consumption of electrical energy.” It establishes the Basic provisions for the functioning of retail electricity markets.

In paragraph 2 there is a definition of an act corresponding to the situation you described - unaccounted consumption. However, it also stipulates the condition for unmetered consumption - “when the metering device is installed within the boundaries of the balance sheet of the consumer (buyer) and (or) within the boundaries of the land plot owned by such a consumer by right of ownership or other legal basis, on which the consumer’s energy receiving devices are located.” In your case, the consumer is DNP, so there is a possibility that it will be DNP who will initially be held liable. And after the DPP compensates for the damage, it will file a recourse claim against you in accordance with Part 1 of Article 1081 of the Civil Code of the Russian Federation.

But you first need to find out what kind of payment is subject to collection. This is not determined by you or the chairman. In accordance with paragraphs 82, 192-195 of the Basic Provisions, upon the fact of identified unaccounted consumption, the network organization:

– draws up a report on unaccounted consumption;

– calculates the volume;

– sends it to the energy supplying organization, which calculates the cost of unaccounted for consumed electricity and sends the consumer an invoice for payment.

Next, most likely, there will be a pre-trial claim with an offer to repay the resulting debt. At this stage, it will be possible to discuss with the DPP the issue of repaying your debt, formalizing this as the fulfillment of an obligation by a third party (Article 313 of the Civil Code of the Russian Federation), then it will be possible to do without a recourse claim.

Thus, you should not rush to pay until you see with your own eyes the act of unaccounted consumption. When you are familiarized with it (be sure to make a copy), contact us and we will develop a further strategy of action.

The legislative framework

This type of illegal activity is often found in the country’s regulatory documents. Thus, you can familiarize yourself with the legislative framework in the following sources:

A set of acts of Decree No. 442 of the Government of the Russian Federation, as well as its addition - Decree No. 354, which concerns specifically citizens and contains rules for the provision of housing and communal services.
Articles of the Code of the Russian Federation on Administrative Offenses: Art. 7.19 – considers cases of unauthorized connection, as well as the penalties provided for them;
Art. 9.11 about violation of the rules for using an energy resource;
Art. 4.5 on the statute of limitations for offenses in the field of electricity (the period is 1 year from the date of commission of illegal actions).

Articles of the Criminal Code of the Russian Federation No. 158 (theft) and No. 165 on causing damage.

Info

Thus, electricity consumption for household and other needs is subject to mandatory payment. The relationship between consumer and supplier must be documented.

How violations are detected

Electric companies have the right to create special units to monitor the implementation of the legality of consumer actions. The contract specifies the period when the company can check the meters and their readings. The results of such visits are the identification of unlawful actions of service consumers using the following methods:

Visual inspection. This method is used to establish the fact of mechanical impact in order to influence the meter readings. An example of such an action is breaking seals.
Use of special devices. So, using, for example, clamps for measuring current, it is possible to determine whether the tenant tried to influence the device by changing the phases.

Attention

After establishing the fact of a non-contractual or unaccounted connection, authorized employees of the company have the right to draw up an act corresponding to the offense. The compiled document is duplicated. The first copy is given to the culprit against signature, the second is sent to the technical department of the service-providing company, where a decision is usually made to transfer the application to the district magistrate court at the address of the offender.