Fines for illegal connection to electricity: on whom, for what and how much

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What is enshrined in law

Electricity consumers use services on a contractual basis. Unauthorized connection to electrical networks is prohibited. Article 7.19 of the Code of Administrative Offenses provides for sanctions if the fact of unauthorized connection is established.

The same article provides for punishment for unauthorized connection and use of thermal energy, oil and gas. It’s called “Unauthorized connection and use of electrical, thermal energy, oil or gas.”

The disposition of the legal norm is set out in the following wording: “Unauthorized connection to electrical networks, heating networks, oil pipelines, oil product pipelines and gas pipelines, as well as unauthorized (unaccounted for) use of electrical, thermal energy, oil, gas or oil products, if these actions do not contain a criminal offense "

The sanction provides for punishment:

• administrative fine for citizens in the amount of 10 thousand to 15 thousand rubles;
• for officials an administrative fine from 30 thousand to 80 thousand rubles. As an alternative, a ban on holding a position for a period of one to two years is possible;
• legal entities are subject to a fine of 100 thousand to 200 thousand rubles.

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Representative of Energosbyt

If, during an inspection, an employee of an organization supplying a house or apartment with electricity discovers an “unmetered” or “non-contractual” connection to the electrical network, he will act in accordance with his job description, specially developed for such cases:

• An act of unauthorized connection is drawn up, which describes the specific situation. The act is signed by both the inspector and the owner of the premises.
• This act with the recorded facts is transferred not only to the electricity supply organization, but also to the police.

The police, after studying it, send this official document to the court for consideration. A trial is held, the judicial authorities decide what will happen to the violator and what amount to fine him.

What is an unauthorized connection to electricity?

Current administrative legislation applies to violators for the following methods of unauthorized connection:

• any connections inconsistent with the electricity supplier, regardless of whether the consumer has a metering device or not;
• the use of devices that underestimate the real readings of the meter. For example, connecting the zero phase to the ground past the meter, connecting a device for rewinding meter readings. It should be noted that such manipulations could be done with old meters. Modern electronic metering devices do not allow the use of such devices in practice;
• violation of the integrity of the seal or its failure. Unauthorized change in the design features of a metering device. Consumers should be aware that the meter is sealed with special seals only by specialists from the electricity supplier;
• the consumer did not notify the service provider that mechanical destruction or obvious failure of the metering device had occurred.

How to avoid punishment

The owner can only find out that his house or apartment is connected to the network illegally after purchasing the property. In this case, immediately after discovering this fact, he should contact Energosbyt and call specialists.

In order to use electricity and other resources legally, you need to make the connection correctly, install a working meter, and use only approved electrical appliances.

When connecting, the supplier and the consumer enter into an agreement between themselves, according to which one party undertakes to regularly supply electricity, and the second – to pay for the service on time and not accumulate debts. It is also necessary to conclude agreements for the maintenance of electrical equipment and the accounting sequence.

IMPORTANT! These documents will confirm that the apartment, house, or other facility uses electricity legally.

Is it possible to reconnect the light yourself after a disconnection?

Only after the consumer has fully repaid the debt for consumed electricity, the energy sales company is obliged to restore the supply of electricity within one day. In this case, the confirmation of payment will not be a receipt, but the fact that the amount of debt has been received at the cash desk or into the current account.

Important! If, after repaying the debt, the electricity supply has not been restored, the consumer has every reason to appeal the actions of the supplier.

If a subscriber makes an unauthorized connection, he will face administrative liability. This is directly stated in Article 7.19 of the Code of Administrative Offenses of the Russian Federation.

In addition, the Rules for limiting the supply of electricity, regulated by Decree of the Government of the Russian Federation No. 442 of May 4, 2012, provide the opportunity for the supplier to terminate contracts for the supply of electricity with subscribers who have made an unauthorized connection to the network.

This circumstance is explained by the fact that the disconnection is carried out by the supplier at his own expense, but the consumer must pay for the connection. That is, after paying the debt, it is necessary to pay for the work of an electrician who will connect the home to the power grid.

By deciding to make an unauthorized connection, the homeowner is not only subject to administrative punishment, but also risks harming his health and property.

Watch the video. Unauthorized connection to electricity faces a serious fine:

Connecting to the power grid in an illegal way, liability for this

The debt, according to the invoice, must be paid by the consumer within ten days. In case of non-payment, the organization recovers funds from the offender through the court, accusing him of unjust enrichment, which is regulated by the Civil Code of the Russian Federation.

Calculation of the volume of consumed unaccounted electricity during non-contractual connection is carried out by network organizations by using the formula , which is determined by a decree of the Government of the Russian Federation. The following calculations are entered into the formula: maximum current, which is determined by the condition of the connected cable (its cross-section and brand are taken into account); operating mode; number of phases. The calculated volume of unaccounted for electricity is multiplied by the price for electricity approved by law; The offender is issued an invoice for payment.

How is self-connection detected?

Remember! The fact of unauthorized connection can be detected under the following circumstances:

• payment by the subscriber for the amount of electricity consumed. According to all supplier records, it is listed as disconnected from the network, but in fact it consumes electricity and pays for it. If such a fact is discovered, a team of specialists will be immediately dispatched to the location where the meter is installed, which is listed as disconnected;
• controllers of the energy sales organization periodically check the performance of metering devices and can detect the fact of unauthorized connection during the next round.

Based on the results of the revealed fact of unauthorized connection, a report is drawn up in two copies. One is awarded to the offender. If he refuses to receive it, it is sent by post with acknowledgment of delivery. The second is attached to the protocol on the administrative offense.

The materials are sent to the court for the application of penalties. In this case, on the basis of the act, an accrual of the material damage caused is made, which is recovered in court.

Depending on the amount of damage, the perpetrator may be held liable for the following types of liability:

• criminal;
• civil law;
• administrative.

In what cases will the consumer be considered a violator?

Government Decree No. 442 of May 4, 2012 contains useful information for both consumers and electricity suppliers. Particular attention is paid to the parties' compliance with the terms of the concluded agreement.

Therefore, if the subscriber:

• carries out unaccounted electricity consumption;
• fails to comply with agreed deadlines and contractual agreements;
• does not notify about the need to repair the metering device;
• independently interferes with the functioning of networks,

then such actions are considered an offense. The result will be responsibility, which will come sooner or later.

How does a legal power cut work?

According to the current rule, provided for in paragraph one of Article 546 of the Civil Code, the energy supply company has the right to unilaterally refuse to comply with the terms of the energy supply contract. The grounds are specified in Article 523 of the Civil Code of the Russian Federation. These include multiple, repeated cases of violation of payment terms for electricity supplies.

The introduction of a regime for canceling or limiting the supply of electricity to a subscriber is possible if an individual or legal entity does not pay charges for energy consumption at its tariff rate for more than 90 days. There may also be a different period of non-payment - it is specified in the contract for the provision of electricity supply services. An energy supply company has the right to introduce restrictions on the supply of electricity from the moment of non-payment of the final payment received by the subscriber on a monthly basis.

However, in accordance with current legislation, it is impossible to simply block the supply channel. The subscriber must be notified in writing at least ten days before the expected day of disconnection.

A notice of termination of electricity supply must contain the following information:

1. Full name of the place of supply of electricity, as well as the name of the individual or legal entity in respect of whom the electricity consumption is limited;
2. The basis for introducing this restriction, the reasons for its introduction. If the disconnection occurs due to non-payment, the amount of debt and the terms of non-payment must be indicated.
3. The level and timing of restrictions on the supply of electricity, which cannot occur within the next ten days from the date of receipt of this notice of termination of the supply of electricity;
4. Signature of the responsible person.

On May 4, 2012, the Government of the Russian Federation issued Resolution No. 442, approving the rules for partial or complete restrictions on the supply of electricity to a subscriber, including for non-payment. The resolution does not introduce a mandatory notification form, however, paragraph 15 of the rules for limiting the supply of electricity regulates the mandatory nature of the above information in the notification of termination of energy supplies.

The next mandatory condition that the electricity supplier must comply with is to draw up a disconnection report after ten days from the date the subscriber receives the notice of disconnection. There is no established sample act, but it must include the following information:

• Type of power outage - partial or complete;
• In the event of a partial interruption of power supply - the level of the introduced restriction;
• Exact time and date of shutdown;
• Information about the individual or legal entity, its name and exact delivery address at which the restriction regime will be introduced;
• Listing of technical manipulations performed by the executor of the introduction of the restriction regime;
• Numbers and exact date of recording of electricity meter readings at the time of introduction of the energy consumption limitation regime;
• Reasons for limiting the supply of electricity with justification in the form of the amount and duration of the debt;
• Signatures of both parties;
• Place and date of disconnection.

The disconnection act is drawn up in triplicate. When drawing up documents, a representative of the consumer must be present, and his personal data must be entered.

If at least one of the above points, which are provided by law as mandatory, was not indicated in the documents, the power outage will be considered illegal. Article 330 of the Criminal Code of the Russian Federation “Arbitrariness” applies to energy sales employees who carried out a shutdown without drawing up a report and notification, or if these documents were drawn up incorrectly.

In addition, a citizen who uses electricity exclusively to satisfy domestic needs, according to the law “On the Protection of Consumer Rights,” may demand compensation from the utility service provider for moral damage caused by illegal power outages. (Article 15 of the Law)

Important! If your electricity has been turned off for non-payment of other utilities, you can safely file a complaint with the prosecutor’s office, the Federal Antimonopoly Service or the Housing Inspectorate, or write a statement addressed to the head of the energy sales department, because such an introduction of a regime for limiting energy supplies is illegal!

Connection to electrical networks after a long outage is also carried out by the energy sales company.

Amount of fine for unauthorized connection of electricity

In addition to a lawsuit for compensation for material damage caused, the consumer is subject to administrative punishment in the form of a fine:

• for an individual – in the amount of 10,000 to 15,000 rubles;
• for a legal entity – from 100 thousand to 200 thousand rubles;
• for an official - from 30,000 to 80,000 rubles. or disqualification for a period of 1 to 2 years.

The given fine amounts indicate that it is not worth taking risks with an unauthorized connection. Sooner or later this fact will be revealed and punishment will be inevitable.

What to do if the electricity is turned off due to debt

First, you must find out on what basis the lights were turned off and whether the electricians even had the right to touch your meter. Of course, if you did not receive a written notice in your hands, this indicates that the shutdown occurred without warning. In this case, you need to complain to the above authorities. You can also say that the illegal disconnection of power to the apartment caused you a number of problems, namely:

1. Have you turned off the electricity in your apartment and want to turn it back on? If the apartment building is a panel building, then you probably know that between adjoining apartments the sockets are installed opposite each other in the void. You can remove your socket and agree with your neighbor to make a jumper, thanks to which you will also have light. Of course, this is not legal and you will have to thank your neighbor, and when the problems with non-payment are resolved and the electrician comes to connect your apartment, do not forget to remove the jumper!
2. The legal way is, again, to negotiate with your neighbor so that while the electricity is turned off, you can plug an extension cord into his outlet and extend it into your apartment. This way, you can connect lamps and not too powerful household appliances.
3. If your electricity has been turned off for non-payment in a private home or country house, a mobile power station can help out. It is not very expensive and can also save you if the electricity is cut off during repair work. We talked about how to connect a generator to the network at home yourself in the corresponding article!
4. Also in your apartment, by analogy with carrying, you can connect an extension cord from your neighbor’s outlet, at the other end of which there will be not a block of sockets, but another plug. Before doing this, we still recommend consulting with an electrician to see if this can be done in your case, whether the wiring will withstand, etc.
5. Connecting solar panels can also solve the problem. If you have installed alternative sources of electricity at your dacha, do not forget that they will work even if the power is turned off for non-payment.

More to read: Resettler from the Relocation Zone

Criminal liability

Depending on the amount of material damage caused and the duration of the period of unaccounted for consumption of electrical energy, the actions of the perpetrator may be classified as a criminal offense.

There are often cases when courts pass sentences, qualifying unauthorized connection as theft. In this case, liability arises under Article 158 of the Criminal Code of the Russian Federation. The sanction of the article implies punishment in the form of imprisonment for a term of up to 4 years. And for causing property damage, liability arises under Article 165 of the Criminal Code of the Russian Federation. In this case, liability is provided in the form of imprisonment for up to 5 years and a fine of up to 80,000 rubles.

As judicial practice shows, offenders are forced not only to pay a fine for unauthorized connection, but also to compensate for the damage caused. In some cases, the perpetrators are sentenced to correctional labor and even actual prison terms.

How illegal connections are detected

A scheduled check of the condition of electricity meters and other electrical equipment is carried out either once a year or at some other time period stipulated by the contract. But also, the energy sales service has the legal right to arrange an extraordinary inspection, during which the facts of most violations of the law are revealed.

When the fact of illegal connection of electricity is revealed, the inspection commission draws up a report on such an offense and submits it to the local police department. Or, without leaving the place, the district police officer draws up a protocol indicating the type of violation (for example, use without registration).

Such a protocol is sent to the magistrate, who, after considering the case, will issue a ruling on the imposition of penalties.

How can residents detect this violation?

A broken seal, changed data on metering devices, increased consumption of electrical energy among neighbors - all this indicates an unauthorized connection to the electrical grid.

Residents themselves can also carry out a simple test to check the fact of an illegal connection by one of their neighbors.

The test consists of turning off all power sources during the day and monitoring the metering devices. You can also turn off all devices from the network at night and record the meter readings, and compare them in the morning.

If at the moment when everything is turned off, the electric meter continues to actively count kilowatts, then this is a sure sign that someone else is connected to this network.

In this case, a statement drawn up on this fact is submitted, which must be sent to the supplier or to the local management organization.