Lack of power supply causes discomfort to a person. If you have been warned about a limitation in the supply of a resource, the user can prepare: turn off complex electrical appliances, change plans, or go to relatives. It’s another matter when they were not notified of the shutdown. In the event of an accident, all that remains is to wait for it to be eliminated. If the reasons are different, then the consumer must determine the legality of the actions of the responsible company. An illegal power outage is recognized when the approved restriction procedure is violated.
When will power outages become illegal?
Restriction or suspension of electricity supplies is carried out on the basis of Art. 546 Civil Code, Art. 38 Federal Law “On Electric Power Industry” and Section XI of the Rules approved by the RF Government No. 354 of 05/06/2011.
The energy supply contract is public; according to Article 540 of the Civil Code, it is valid from the date of actual connection to the power grid.
The absence of a written agreement between the supplier and the subscriber in accordance with Article 540 of the Civil Code of the Russian Federation is not a reason for turning off the power.
If the subscriber has legally connected to the networks and pays for energy supply on time, then the contract has been concluded from the moment of connection.
IMPORTANT: According to Art. 310 of the Civil Code, unilateral changes in the terms of the contract, refusal to fulfill obligations are illegal. Exceptions to this rule are established by the above laws and government regulations. All other cases of turning off electricity, except those given in the listed documents, are illegal.
Most often, electricity is turned off if it is necessary to eliminate or prevent an accident. Planned shutdowns for the purpose of prevention are carried out according to a schedule communicated to consumers in advance; it is legal to carry them out no more than three times a year, no more than for a day each time.
Emergency operations are automatically performed by emergency control devices. Private unscheduled outages on this basis indicate the unsatisfactory performance of the energy supply organization, the incompetence of its management and (or) specialists assigned to the house (neighborhood).
We talked about how to find out why there is no power, whether it is an emergency shutdown or a planned one, in a separate article.
In SNT
Turning off the power is a common measure of the impact of SNT boards on gardeners.
It is often used to force garden house owners to comply with the requirements of the governing bodies of the partnership and to speed up the collection of membership fees.
Such actions of the chairmen of the SNT in accordance with 66-FZ of April 15, 1998 are illegal, they can be considered a crime under Art. 330 of the Criminal Code (“Arbitrariness”), as well as to recover moral damages from the chairman, even if he justifies them by a decision of the board or meeting of the partnership.
In the apartment
ATTENTION! Utility workers often turn off electricity for non-payment of other utility bills and services, the supply of which is illegal or technically impossible to limit, even when the subscriber has paid for the supply of electricity itself. It is illegal.
In such cases, utility services have the right to demand payment of debt through the magistrate's court, then through bailiffs. And they have no right to turn off electricity for this reason.
The rules prohibit turning off electricity before holidays and weekends.
Legal grounds for disconnection
The fulfillment of contractual obligations between the electricity supplier and the consumer is regulated by Decree of the Government of the Russian Federation No. 442 of May 4, 2012. The document approves the rules for stopping power supply, as well as legal grounds for turning off power, which can be divided into three groups.
Termination of the agreement
By default, an electricity supply contract is concluded for an indefinite period, unless otherwise specified. The reasons for its termination are as follows:
- Entering a restriction mode at the request of the consumer. For example, the owner does not want to pay for electricity in a room that no one uses. The user sends a request to the organization with which an agreement has been concluded for the supply of the resource. Within one day, it is transferred to the contractor, who will turn off the power supply.
- The expiration of the temporary power supply scheme or the appearance of a reason for early disconnection from the network. This scheme is used mainly on construction sites and is valid for 12 months.
- Termination of the agreement for the supply of resources by agreement of the parties. The restriction is introduced 3 business days after the service provider receives information about the termination of the contract.
Before terminating the contract, the consumer is obliged to pay for the supplied resource.
The need to carry out repair work or eliminate an accident
Power supply systems operate around the clock and require constant monitoring of their condition, as they are a high source of danger. Ensuring their normal operation and maintaining safety sometimes requires stopping the supply of resources; the need arises in the following cases:
- Discovery by a supplier's representative of an unsatisfactory technological condition of the user's electrical installations, which increases the risk of an accident or threatens people's lives. The decision to disconnect is made by a representative of Rostechnadzor. Before entering the restriction mode, the subscriber is notified in advance.
- Threat or emergency. The law does not regulate the time frame for eliminating the consequences. To minimize damage due to an accident, if the lack of electricity can cause serious and irreversible problems, an agreement on technological and emergency protection is drawn up with the energy supply company. The document defines the minimum load value that ensures normal operation of electrical equipment.
- Planned repairs. The terms and time of work are specified in the contract. Approved by the RF PP dated December 27, 2004 No. 861 “Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services” in paragraph 31 (6) establish a limit on the permissible time for limiting power supply: up to 24 hours at a time and no more than 3 days at a time year.
Timely detection and repair of faults contribute to continuous power supply.
Violation of obligations by the consumer
Unscrupulous consumers may find themselves without power supply by not fulfilling the terms of the contract or by breaking the law. Reasons for disconnection are:
- The presence of a legal requirement of a bailiff to limit the supply of a resource. It is introduced immediately or on the day established in the court decision, of which the initiator is obliged to notify the consumer.
- Detection of the fact of unauthorized connection to the network (non-contractual consumption). Disabling is carried out immediately or, if additional measures are required, no later than 3 days from the moment the violation is detected.
- Unaccounted resource consumption (theft). Disconnection from the network is carried out as soon as information about a violation is received. No prior warning to the offender is required.
- Payment arrears for more than three months. The debt is calculated based on consumption standards, not meter readings. The restriction is introduced at the request of the resource provider with mandatory compliance with the legal order: notifying the subscriber of the applied sanctions 30 days in advance and drawing up an act on the day of deactivation. The document is drawn up in the presence of the debtor or two uninterested persons. Refusal to acknowledge a debt is not an obstacle to the application of sanctions.
IMPORTANT! If the consumer has eliminated the reasons for disconnection before the date specified in the notification, the restriction regime does not apply to him.
You can notify about the disconnection in any available way: inform in person (by SMS, in a payment receipt, by letter with notification), publish a message on the company’s website or in the media.
If it is established that a consumer has violated the power supply limitation regime, the authorized company disconnects it from the network immediately.
According to clause 20 of the Rules for complete and (or) partial limitation of power consumption, approved by the RF Government on May 4, 2012 No. 442, measures to limit and connect the power supply are carried out on a paid basis. If the disconnection is declared illegal, the contractor has no right to demand compensation.
What responsibilities are provided by law?
Frequent illegal switching off of electricity is considered a crime under Art. 330 of the Criminal Code (“Arbitrariness”). Civil liability in the form of compensation for material and (or) moral damage is provided for in accordance with Article 15 of the Federal Law “On the Protection of Consumer Rights” (N 212-FZ of December 17, 1999, N 171-FZ of December 21, 2004). It is possible to achieve administrative liability of the supplier under Article 14.31 of the Code of Administrative Offenses, since it is a natural monopolist.
Who to call if the lights are turned off?
- Most cities have a hotline that you can call in case of interruptions in the supply of any utilities, including electricity.
You can easily find out her number at the help desk or at the reception desk of the local administration. - It is also necessary to write down in advance the number of the Emergency Dispatch Service of the Electric Network, the emergency dispatch service of the municipal district administration.
Many cities have a single dispatch service with a short, memorable number, for example, 005. - Information about planned outages is usually provided in advance on the website of the administration of the municipal district or city.
Causes of power outage
The light in the apartments of city residents and the houses of rural residents disappears for various reasons. And the area of disconnection can be different - from one apartment (house) to an entire microdistrict, or, less often, a city.
Let's first consider cases of general shutdown. The power supply may be interrupted for two reasons:
- in connection with planned preventive or repair work that is carried out from time to time on certain sections of the city network;
- due to an accident, the cause of which could be a lightning strike during a thunderstorm, overheating of power lines, a disruption in the operation of substations, and even a car accident that caused a telegraph pole to fall.
Accidents are rare, and planned outages are usually announced in advance.
New York City at night during a massive power outage in the fall of 2012. The reasons for the outages are overload of substations of all voltages triggered by ATS systems
It can be difficult to navigate the causes of force majeure, especially if it is dark around. First you need to find out why and for how long the power was turned off, and then act depending on the situation - try to solve the problem yourself or call the right authority. Let's consider all cases in order.
More often, shutdowns occur at the household level, in a separate apartment or house. There are also many reasons, here are the most common:
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Increased load on the power grid
Malfunction of a household appliance or violation of electrical installation rules
Damaged electricity meter in electrical panel
Debts on electricity payments
What to do if the light goes out very often?
If the shutdown is the result of an accident, a repair team is dispatched to the site. It usually takes several hours to eliminate the causes of the accident. If such emergencies occur frequently, this is a reason for a complaint.
Typically, energy supply contracts provide for the norm of planned shutdowns of energy supplies no more than three times a year, no longer than a day in a row each.
If shutdown occurs more often, the following consumer actions are advisable:
- write a statement in duplicate about power outages to the energy company that services your home.
- The application is accepted by the secretary, who stamps and signs with the date of receipt on his and your copy of the incoming document.
- Go to the customer service department of the energy company, tell the employees about the problem verbally, and ask when it will be fixed. According to the rules, it must be eliminated within 24 hours. The exception is restoration work after destruction caused by a natural disaster or other force majeure.
- If after your request the outages continue, this is a reason to go to court.
Solutions to the problem
Everyone finds a solution to the problem of power outages differently. After all, it’s the 21st century. In some villages, craftsmen make solar panels. But mostly they buy generators. Therefore, if someone wants to move to live in a village, keep in mind the accompanying rural problems.
Humor:
- Children, do you know where electricity comes from? - asks the teacher. - I know! — Vovochka jumps up. - From the jungle. - Why do you think so? “And this morning, when dad wanted to shave, he said: “Those monkeys turned off the electricity again!”
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How to record a violation?
First of all, you need to collect the signatures of your neighbors as witnesses to the shutdown, even if it only happened in your apartment (house).
Then you need to call representatives of the energy company that supplies you with services and achieve the creation of a special commission that will record the violation by drawing up an act.
The commission must include a representative of the energy supply organization and (or) management company.
A member of the SNT has the right to call the local police officer and register a complaint at the police station.
Reconnection fee
You will have to pay to reconnect the lights. Some argue that housing and communal services representatives came up with this requirement. In fact, such a condition is reflected in the agreement; it complies with Russian legislation.
For individuals, the payment is about 1,000 rubles, while for legal entities, the resumption of services costs about ten times more. If additional costs arise during connection that exceed the above amounts, they are paid by the company itself.
Reconnecting electricity after it has been disconnected for debt can cost several thousand rubles Source cdn21.img.ria.ru
How to deal with frequent power outages online via the Internet?
- As a rule, the websites of municipal administrations are interactive, where you can write a statement outlining your problems and wait for a response.
- Register on the federal government services website and file a complaint in the appropriate window on this site. Registration rules are given on the website. They require a personal appearance at one of the local institutions for identification.
- If the previous appeal did not have any effect, you should contact the website of the regional prosecutor's office with a complaint in any form.
Finding out the address is easy: write in Yandex Search: website of the prosecutor's office of the N region (republic, territory, district). Your complaint will be considered if it does not violate the rules given on this site. If you have not previously contacted the authority to which the energy supply organization is subordinate, your application will be forwarded to this authority for action.
How to write a paper complaint?
In the header you indicate your full name, contact details of the registration address and actual and other contact details.
The application is written to the prosecutor of your city (district).
In the title you write: complaint about violation of the Rules for the provision of utility services.
Describe the situation in any form.
What documents should I attach to the complaint?
Attach to the application the text of the complaint with the collected signatures of the neighbors and (or) the Act of Violations with the signatures of the commission members (if any). Leave the originals for the court.
Sample complaint to the prosecutor's office about a power outage.
What are the paper feeding methods?
You send a paper application to the prosecutor's office in a simple letter, which you drop in the mailbox.
It is sent to other authorities by registered mail with notification or brought in person and handed over to the secretary of the institution against signature.
Institutions for receiving complaints
- Energy supply company.
- The higher-level organization of the energy company (founder).
- City (district) administration.
- City (district) prosecutor's office.
- World Court, your territorial area.
On our website you can find out how to draw up a notice and an act on turning off electricity for debts, what to do if the lights are turned off on this basis, as well as what fines are provided for unauthorized connection to the power grid.
How to fix the situation
To restore electricity supply, the home owner only needs to pay off the debt. This should be done as quickly as possible, otherwise a penalty will be charged.
Correct actions of the debtor:
- When a homeowner is convinced that he will not pay his light bill on time, he can exercise his right to receive a deferment. According to the law, the Criminal Code should not refuse him. As a result, a person gets the opportunity to avoid fines and forced power outages.
- If the electricity is turned off, you need to quickly collect the required amount to pay for the services received.
- Next, a receipt (proof of debt repayment) should be submitted to the management company, then write an application to restore the electricity supply.
- Connecting the light is a paid service, the amount is determined individually.
- Then you should contact the management company employees and agree on the removal of the seal.
If the above conditions are met, the organization is obliged to restore the supply of electricity within two days.
The only thing the homeowner will have to do to restore the supply of electricity is to pay off the debt. Source img-fotki.yandex.ru
The reply is in process
The energy supply must be restored by the supplier two days after the debt has been fully repaid and (or) other causes that led to the outage have been eliminated.
In practice, this procedure takes from three days to a week in different regions.
Where payment is made according to the average, and not according to meter data, it begins from the moment of presentation of documents on debt repayment, and not from the actual connection. It is useless to argue with the state on this issue.
The government agencies you contact are required to give you a written response within a month. When applying via the Internet, the response will be given electronically.
Conclusions and useful video on the topic
Controversial cases with the Criminal Code:
Temporary shutdowns cease to be a problem if you provide for this nuisance at the everyday level: stock up on battery-powered lamps, connect an uninterruptible power supply to your computer, always keep the power bank for your phone charged and buy a dozen candles. And at the dacha or in a country house, you can use alternative energy sources, backup power systems and generators.
Would you like to share your personal experience in finding out the cause of a power outage? Do you have questions that you would like answered? Please write comments in the block located below the text of the article.
