An unconscious consumption of electricity: a concept, a fine. Art. 7.19 of the Administrative Code of the Russian Federation. Unauthorized connection and use of electrical, thermal energy, oil or gas

называют ее использование без соответствующего прибора учета либо вмешательство в его работу. An unconscious consumption of electricity is called its use without an appropriate meter or interference in its operation. The latter can be either unintentional or intentional.

называют несоблюдение сроков, установленных для информирования обслуживающей компании пользователем о выходе из строя учетного прибора. In addition, unaccountable consumption of electricity is called non-observance of the deadlines set for informing the service company about the failure of the accounting device.

In practice, many consumers attempt to intervene in the meter to reduce the amount of paid electrical energy. To illegal actions of users carry a lining of "the latent conducting", connection to a network to the meter, "drafts" on LEP and so forth.

The legislative framework

The main normative documents regulating the purchase and sale (supply) of electric power include OPFRRE (Regulations for functioning of retail electricity markets), approved by Government Decree No. 442, and "Rules for the provision of public services to users and owners of premises in apartment buildings and dwelling houses", Approved by the Government Resolution No. 354.

In accordance with these documents, the use of electricity is called using it to meet domestic needs. The relationship between the grid company (the supplier) and the user (the consumer) is based solely on the contract.

It is worth saying that the agreement may not be formalized in writing, since it is public. Nevertheless, the terms of delivery must be observed.

According to the provisions of the functioning of retail markets, the electricity used by the consumer is payable. Its volume is accurately calculated. For calculation, the meter is used - the electric meter.

Features of the use of devices

The counters must be in good order. The regulatory and technical documents establish the verification period. They should not be missed. устанавливаются сотрудниками сетевой компании. Seals for electricity meters are installed by employees of the grid company.

In case of violation of their integrity, malfunction of the device itself, skipping the verification period, the indicators will not be taken into account. Repair, replacement, verification of devices are carried out by apartment owners or management companies of apartment buildings.

If the electricity meter is damaged or not, the use of electricity is illegal.

Unconsidered electricity consumption

Such violation is established during inspections. Authorized employees of the network company are required to conduct them periodically. If in the course of the inspection the damage to the device or its absence is ascertained, an act of violation is drawn up. On its basis, sanctions are imposed on the guilty person.

Calculation

First of all, according to the results of the check, the amount will be charged for the estimated amount of energy consumed. The calculation is carried out in accordance with the procedure established in Resolution No. 354. A formula is used, the elements of which are the total maximum power of electrical appliances installed in the room and the time interval during which illegal consumption was carried out.

The testers will consider that all the devices worked during this period. The time limit is limited to the dates of the last verification and detection of the violation.

с 1 января 2017 г. поставщик может использовать десятикратную величину нормативов потребления. It is worth saying that to calculate the debt for unaccounted consumption of electricity by an individual from January 1, 2017, the supplier can use a ten-fold amount of consumption standards.

Nuances of calculation

If the employees of the grid company did not check the condition of the meter for a long time (more than six months), then they can invoice only for 3 months. In this case, the total maximum power of all electrical appliances in the room will be multiplied by 2160 hours. при выявлении такого нарушения – 10 дней. The deadline for paying for electricity is 10 days. If the debt is not repaid in time, the penalty will begin to accrue.

Documenting

– обязанность проверяющих, выявивших нарушения. Drawing up an act on unaccounted consumption of electricity is the responsibility of the inspectors who have revealed violations. Only on the basis of this document the consumer can be billed. The act must contain information about:

1. The location of the meter.
2. To the subscriber.
3. , прибор поврежден и пр.). A violation committed by the user (for example, there is no seal for the electricity meter , the device is damaged, etc.).
4. The date of the previous verification.

The act also provides explanations for the consumer and comments (if any).

An Important Moment

The document must be executed in the presence of the owner (owner, tenant) of the premises. He should sign on the act. The homeowner has the right to refuse to sign the document. In this case, the inspectors form an act of refusal in the presence of two witnesses.

Unauthorized use

. It is understood as unauthorized connection to power networks . In detecting this violation, the calculation of the volume that was consumed is determined by multiplying the maximum cable capacity for the time of illegal use of electrical energy.

In this case, it will be assumed that the power supply was carried out for 24 hours every 24 hours. The period of unlawful connection is limited to the dates of the last verification and detection of the violation.

, существенно отличаются. The time interval for which the grid company can bill the user (in the absence of inspections for an extended period) with uncountable and non-contractual electricity consumption , are significantly different. In the first case, as mentioned above, the calculation can be made only for 3 months, and in the second - for the last 3 years.

Example calculation

To determine the amount of consumption, the voltage, the maximum load of the wire, the consumption period and the power factor (0.9) are multiplied. Consider the calculation for an example. Take the following indicators:

• The load of the wire is 50 amperes;
• Period of violation - 720 hours (month);
• The voltage is 220 V.

Using the formula, we get:

50 x 720 x 220 x 0.9 = 7 128 000 W / h or 7 128 kW / h.

Now the result should be multiplied by the cost of 1 kW / h. получится значительная. The amount for unauthorized connection to the electricity network will be significant.

Caution for users

и внедоговорное ее использование рассматриваются отдельно, поскольку это два разных нарушения. In Resolution No. 442, unaccounted consumption of electricity and non-contractual use of electricity are considered separately, since these are two different violations. In the second case, the consumer will pay a larger amount than in the first.

It is necessary to say that unscrupulous companies try to collect the debt not for uncountable, but for non-contractual consumption, without any reason for this. Users should be attentive when registering violations by reviewers.

A responsibility

In the case of unconscionable consumption of electrical energy, the culprit can be subjected to civil-law measures of influence. We have already spoken about them - it is collection of debts and accrual of penalties.

Meanwhile, the line between misdemeanor and criminal offense is rather thin. The perpetrator may be prosecuted under the Criminal Code if the damage caused by his actions exceeds 250,000 rubles.

In this situation, the provisions of Part 1 of Article 165 of the Criminal Code will be applied. может достигать 300 тыс. р. In accordance with the norm, the penalty for unaccounted consumption of electricity can reach 300 thousand rubles.

Administrative punishment

For non-contractual use of electrical energy, sanctions are stipulated in Art. 7.19 of the Administrative Code of the Russian Federation. Normally, there are monetary penalties for:

• Citizens - 10-15 thousand rubles;
• Officials - 30-80 thousand rubles;
• Legal entities - 100-200 thousand rubles.

Under officials in the context of Art. 7.19 The Code of Administrative Offenses of the Russian Federation must be understood. Engineer and manager of the supplier enterprise, an electrician who illegally joined the networks. The measure of responsibility of these persons is higher due to the official position.

Legal entities who are brought to administrative responsibility may also be non-commercial (including GSK, TSZH, SNT, etc.), and commercial organizations. The provisions of Art. 7.19 apply to persons who have unauthorized access to the heating network, gas or oil pipeline.

Other consequences

Criminal and administrative punishment does not exclude civil consequences for the perpetrator. They are responsible for repairing the damage incurred by the grid company. You need to pay for consumed energy.

It is worth noting that compensation for moral harm in the event of the consumer's admission of the above violations is not provided. The fact is that the damage is caused to the enterprise - a legal entity.

Additional documents

The protocol on administrative misconduct acts as the basis for imputing sanctions to the perpetrator of the Code of Administrative Offenses. An act must be attached to the protocol, issued by the inspecting officer. In addition to this document, the inspector can draw up a diagram, take photos of objects to confirm the fact of unaccounted use of electricity. In the event of unauthorized connection, after verification, the wiring will be disconnected from the network.

How not to become a violator?

It is not uncommon for a consumer to accidentally find out that he illegally uses electricity. In judicial practice, there are many examples where the proceedings were terminated due to the absence of administrative offense in the actions of a person.

For example, an apartment, plot or house in the SNT was purchased with an existing illegal connection, which the buyer did not know about. Conscientious acquirer in such cases is discharged of responsibility. However, in any case, the trip will be performed.

The possibility of becoming a violator is also associated with a report of a breakdown in the meter. As a rule, information about the malfunction is transmitted to the network company by phone. The supplier can perceive it not as a request to eliminate a breakdown, but as an excuse for conducting an audit to identify unaccountable consumption.

In order not to be a violator, you must:

1. Keep all receipts for payment for the last year (if they come in paper form).
2. All damages, damages, etc. in a timely manner to notify the supplier in writing. The application should indicate all subscriber data. Be sure to ensure that the appeal has been duly registered.
3. When purchasing a real estate in the secondary market, it is necessary to check whether there is an illegal connection. It is important to ensure that the wiring is disconnected and disassembled before the purchase contract is formalized.

If, after all, according to the results of the audit, an act was drawn up, it can be tried in court. However for this purpose it is necessary to resort to the help of the qualified lawyer.

Peculiarities of calculation for legal entities

For organizations, the unrecorded volume is determined in accordance with the first clause of Appendix 3 to the GKFRRE. The maximum power and the number of hours of unused use are taken into account.

The period is calculated from the moment of the last verification of the registration instruments. In this case, its total duration should not be more than a year. If the audit was not carried out at the scheduled time, the period is determined from the date no later than the network company had to conduct the inspection.