Unaccounted electricity consumption is one of the forms of violations of the law committed by consumers. What actions are suitable for this assessment, what sanctions are applied by the supplier company and the state?
Normative regulation
CC - a document establishing provisions on the conclusion of contracts and liability for causing property damage. It is a kind of frame. The Code indicates general violations, without reference to unaccounted-for electricity consumption.
The Law on Electricity is a document describing the energy supply system that regulates relations between electricity suppliers and consumers.
Resolution No. 442, adopted at the level of the Government of the Russian Federation, regulates in detail the relations of suppliers with consumers and network organizations and is of a technical nature. It describes in detail the procedure for fixing unaccounted electricity consumption, calculation of damage caused to the supplier.
The peculiarity of this normative act is in the abundance of terms that are incomprehensible to the ordinary consumer and even many lawyers.
Decree No. 354 governs the relationship between utility providers and consumer consumers.
What actions are subject to violation
According to regulation 442, unaccounted-for electricity consumption includes the following actions:
- violation of the terms of power supply by the consumer;
- there has been an interference with the metering system or metering system;
- damage to seals and other elements of control over the integrity of the device or accounting system;
- failure to comply with the deadlines for reporting a defect in the device or seals to the power supply or grid company responsible for supply;
- inaction or action that led to the transmission of false data on consumption.
The difference with an unconditional connection
How are unreported and unconditional electricity consumption combined? The second type of violation is connecting to the power supply system without a contract or without the permission of the supplier. The maximum allowable period of official connection without a contract cannot exceed 2 months. After this period, an agreement is mandatory.
Similarly, actions to restore full consumption in the period of its restriction or complete cessation by the decision of the Government of the Russian Federation are evaluated.
Identification of violations by the consumer
Unaccounted electricity consumption is recorded by the specialists of the sales company with the help of an act. It is compiled in a specific form. Violation of the procedure for compiling or lack of signatures of interested parties gives reason to consider it unreliable.
Note the difference in fixing non-contractual and unaccounted-for consumption. Acts vary slightly in content. Additional rules have also been established governing the recording of violations committed by individuals.
Reasons to check household consumers
Here are some of them:
- the meter stopped displaying the measurement results;
- the integrity of the seals is violated (the degree of violation does not matter);
- external mechanical damage;
- exceeding the permissible error in the readings of the device;
- expiration of operation (the next calibration of the device according to the technical documentation has not been carried out).
Causes of the problem
Difficulties arise due to the really dishonest behavior of the owner of the premises or due to accidents, for example, someone damaged the seal or meter, without intent.
Intentional actions are expressed in damage to visual control elements (in particular, the same seals), interference with the operation of the device, which led to a distortion of the readings.
Legislation, starting with the Civil Code and ending with the Ordinance on the unaccounted energy consumption, obliges the owner, within the boundaries of the facility, to monitor the health of the power supply system.
Unfortunately, when acquiring an object for ownership or use, the new owner may not be aware of illegal interference, but it is he who is held accountable.
The procedure for drawing up an act
What is the procedure for drawing up an act of unaccounted consumption? The 442th decree describes the following algorithm.
Both the marketing and network organizations are authorized to draw up the act. A copy is sent within 3 days from the date of compilation to all interested parties. An act is drawn up either according to the results of a planned inspection of the meter (meter), or according to the results of dismantling during a planned replacement.
Inspection is carried out at least 1 time during the year in individual houses. Checks of metering devices located directly in the apartments are carried out no more than 1 time within 3 months.
When compiling, the consumer is entitled to attend. The legislator gives the right to draw up an act without the participation of the consumer, subject to its timely notification. A special note is made about the reasons and the fact of refusal.
Act structure
How is fixed electricity consumption recorded? Decree 442, paragraph 193 obliges to indicate in the act the following information:
- place and date of compilation;
- F. I.O. of the person who committed the violation;
- place (address) and method of illegal connection or interference with the work of accounting;
- describes the state of the device at the time of compilation (are there any external signs of damage, etc.);
- the date of the previous check of the state of the meter;
- explanations of the person in relation to whom the act on the revealed violation has been drawn up;
- comments made by the consumer and witnesses;
- signatures of the persons who made the act and were present at its preparation.
Excess power
There is one more nuance revealed when energy consumption is ignored. According to the resolution 442, the excess of the size of the consumption power stipulated by the contract with the consumer is noted. In this regard, the act indicates:
- the amount of power allowed by the contract;
- the amount of power actually used by the consumer;
- description of the scheme for increasing power.
What does the act of unaccounted for electricity consumption look like? A sample is presented in the article.
Types of Responsibility
Several of its forms are used simultaneously:
- civil law form - within its framework, damages caused by illegal connection or bypass of metering devices are recovered;
- administrative responsibility - the imposition of a fine in the amount designated by the Administrative Code;
- criminal liability - comes for causing damage above a certain limit.
Therefore, the penalty for unaccounted for electricity consumption is a capacious concept and ambiguous from the point of view of legislation.
Administrative
The results of calculating the unaccounted for electricity consumption usually do not affect the size of the fine; in the Code of Administrative Offenses, the boundaries of the minimum and maximum sanctions are set.
The following gradation of punishments is provided:
- individuals are assigned from 10 to 15 thousand rubles;
- to the official of the organization responsible for the violation - from 30 to 80 thousand;
- organizations are fined in the amount of 100 to 200 thousand rubles;
Making a decision is possible both in relation to the organization, and in relation to its employee.
An employee risks losing the right to professional activities for a period of 1 year to 2 years.
Limits of property liability
At the moment, there are two documents that regulate the calculation of unaccounted electricity consumption.Regulation 354 governing the supply of electricity to citizens contains one formula. And Decree 442 is a whole series of formulas. They are guided by enterprises and entrepreneurs to calculate the non-accounting electricity consumption by enterprises.
The complaint formula is much simpler.
Employees of the organization that make up the act summarize the power of all devices. The number of days of illegal consumption is calculated. Both values are multiplied. It is believed that nutrition took place within 24 hours.
We must not forget about the difference in cost due to the volume of consumption. So, in many regions, one amount is paid for the first 150 kW, an increased price is set for the consumed volume above this bar, etc.
If for some reason the checks have not been carried out for a long time, the maximum period for which requirements are set cannot be more than 3 years.
In the case of legal entities, a direct restriction is established - 1 year. Regarding consumers of individuals, this rule, unfortunately, does not always apply.
Although the formula for unaccounted for electricity consumption by an individual is different, the amount is significant for the average citizen’s pocket.
The nuances of recovery cases
Judiciary practice is based on two-way accounting for electricity consumption:
- in general courts (disputes with citizens over illegal actions when selecting a resource for personal consumption);
- in arbitration courts (disputes with entrepreneurs and legal entities).
Nevertheless, it is realistic to single out several general points that apply equally to all consumers:
- Witnesses who were present during the preparation of the certificate do not need to have a sufficient level of technical knowledge, their task is to confirm the fact of the statement.
- The plaintiff is obliged to prove the fact of the presence of the representative of the defendant or his notification of the drawing up of the act - violation of this paragraph leads to the denial of the claim.
- The courts refuse the claim if the act was not drawn up at the place of the violation, that is, not immediately after its discovery.
- The lack of information in the act on previously conducted inspections does not deprive it of reliability.
- Violation of the integrity of even one seal is a sufficient reason to consider the information on the amount of consumption distorted for the current period of consumption.
- The municipal administration is obliged to pay electricity for facilities that have signs of an ownerless thing.
Enforcement flaw
The procedural legislation laid down the principle of proving certain facts only with certain arguments, for example, court decisions. Other grounds are considered improper.
The fact of unaccounted consumption should be proved first of all by the decision on bringing to administrative responsibility. However, in cases the only evidence is an act drawn up by representatives of the supplier company. Thus, the provision on control by the court is not implemented.
Application practice development
Despite the court decisions in favor of citizens and enterprises, the judicial practice of disregarding electricity consumption tends to be toughened. Consumers are finding it harder to win business. Any deviation on the part of the consumer is interpreted in favor of the supplier, at the same time, quite serious violations on his part are often ignored. This is especially noticeable in the practice of courts of general jurisdiction considering cases involving citizens.
Criminal liability
What ends up with unaccounted electricity consumption? Court, and not just civil. Theft of electricity is punishable by more severe measures. The reason for initiating proceedings is the infliction of property damage in the amount of at least 250 thousand rubles. If the size is insufficient, the case is not opened or is terminated.
Investigation by police under Art. 165 of the Criminal Code (fraud). The most severe punishment is 5 years in prison.
The law gives the judge the right to impose other, less severe penalties: fines, forced labor, restriction of freedom (inability to leave the place of residence without permission), seizure of part of the income for a certain period in favor of the state. Punishments can be combined.
If the accused does not have a criminal record, and the act falls within the scope of Part 1, there is a chance to end the case without conviction. The guilty undertakes to pay all the damage, and the company agrees to dismiss. Usually no problems.
Some recommendations for your own protection
Here are some measures to help protect yourself from accusations:
- Immediate notification to the sales or network company with which the contract was concluded about a violation of the integrity of the device or other malfunctions.
- Appeal against the actions of the supplier company’s employees in Rostekhnadzor (sometimes you have to go through the entire service vertical to get the right solution).
- Storage of payment receipts for the last three years with data on energy consumed.
- Conducting a preliminary check of the power supply system by an experienced specialist.
The application to the supplier should be sent in writing with a note of its acceptance on its copy.
Finally
Unaccounted consumption is a form of violation of energy supply rules. It is associated with actions that violate the control system over the amount of electricity consumed.
The violation is proved by drawing up an act by the employees of the network company or a guaranteed supplier. Failure to comply with certain rules for the preparation of the act gives reason to consider it invalid, but every year fewer decisions are made in favor of consumers.
The law provides for property, administrative and criminal liability with a serious level of damage (from 250 thousand rubles).