With an illegal connection to the mains, liability is more serious than for other violations. The reason is the seriousness of the damage that is being done and the risks that arise. For example, a risk to life and health. Consequences can be expressed in the form of fines and imprisonment.
Normative regulation
Several regulations should be examined:
- Government Decision No. 442 (includes a set of acts).
- Decree No. 354 - the rules for the provision of housing and communal services, supplements provisions No. 442 in the part relating to citizens.
- CAO establishes the grounds and extent of administrative responsibility.
- The Criminal Code includes sanctions for more socially dangerous acts.
They show what an illegal connection to the power grid is, and reflect forms of liability.
Electricity consumption pattern
The connection to the electric network is organized on the basis of agreements between citizens and organizations concluded by them with sales organizations. The agreement is based on the standard form at the request of the consumer. There is a significant difference in the terms of the agreements, but certain rules are the same for everyone. In particular, unauthorized interference with the operation of power supply elements is prohibited.
The agreement is supplemented by regulations governing the relations of the parties regarding energy consumption. In case of illegal connection of the power supply network, liability is established both, in fact, by these acts, and the Code of Administrative Offenses and the Criminal Code.
After signing the agreement
By signing the documents, they take measures to fulfill their conditions:
- the consumer takes measures to connect to the network;
- his responsibilities include maintaining his own power plants in proper condition.
Representatives of the supplier are responsible for the direct connection to the network, checking its correctness. Typically, when one unit is involved in connecting, and another is checking it. This ensures the quality of work.
Specifications - a document describing the procedure for the parties to the agreement in the process of connecting the object to the network. It includes a graphical connection diagram. For their violation and bring to justice. Illegal connection to the power grid involves many aspects.
What is punished
In the event of an illegal connection to the power grid, liability arises if the consumer directly connected their devices to the network.
There are two variants of events:
- the house or building was de-energized, and their owner decided to connect without the participation of an energy company;
- the owner of the premises decided to make an additional connection, bypassing the meter.
Violation is considered to be interference with the operation of metering devices, distortion of indicators, failure to timely report on malfunctions, failure to replace the metering device in a timely manner.
The evidence is a violation of the integrity of the seals, other signs of visual control.
What is not considered a violation of applicable rules? If the owners of the property changed without signing new documents and canceling a previous agreement. This is especially true for citizens who resell real estate, continue to pay bills without reissuing them for years.
Forms of liability
As can be seen from the list of normative acts, responsibility is provided for in administrative, civil and criminal form.
One cannot do without the other, and you should not think that after the fine was issued, the problems due to illegal connection disappeared.
Administrative responsibility
The penalty for illegal connection to the power grid is imposed on citizens, organizations and officials of organizations. Penalties are specified in Art. 7.19 Administrative Code.
A person who is not related to a legal entity will pay from 10 to 15 thousand rubles. In practice, the maximum penalty is assigned.
The size of the fine of officials is from 30 to 80 thousand. Here, the practice of appointment is already characterized by a greater degree of dispersion. As a punishment, they may be prohibited from holding a position from 1 to 2 years during the period in which the violation was committed.
Property or civil liability
A sales company also has the right to file a claim for damages for illegal connection. The calculation is made according to a special formula. Information about the devices in the room is entered, the number of days of illegal use of energy is taken into account. For what periods is a fine charged? From the last check. At most, the company is entitled to invoice for the previous three years.
In simple terms, the consumer will pay the amount of electricity that he would have spent if the devices had not been turned off. The amount also depends on the value of tariffs in the corresponding time period.
The basis for accrual are acts of detected violations. What responsibility for an illegal connection to the power grid is decided by several factors.
Is a criminal case possible
How are the illegal connection to the power grid, liability and CC?
If the amount of damage exceeds 250 thousand rubles, the company has the right to file a complaint with the police. The result is the opening of a criminal case for committing fraud. Damage is calculated using the above formula.
The Criminal Code provides for a whole list of punishments: from a fine to imprisonment.
If actions are evaluated under part 1 of article 165 of the Criminal Code, upon payment of damage, the right is given to request the termination of the proceedings. Usually, companies, having received money, do not refuse such a request. Due to statistics, investigators transfer materials to the judge, and the judge most often agrees to the termination. And then the conviction is not passed.
How everything looks in life
Holding citizens to administrative responsibility is the prerogative of the police. The local police officer is obliged to draw up a protocol and send the materials to the magistrate.
In relation to legal entities, Rostekhnadzor employees are involved in the compilation of the materials, and they also transfer the materials to the arbitration court.
In the case, the presence of an act on the detection of illegal connection is mandatory. It serves as the basic document for prosecuting and filing a lawsuit.
What do judicial practice lawyers say about illegal connection to the power grid and responsibility for it? These cases are distinguished by the following points:
- judges almost disagree with the seriousness of the violations committed in the preparation of the act on the detection of illegal connections;
- civil cases are often built without first being held administratively liable;
- the fact of payment of legal consumption does not affect the size of the claims;
- the only way to alleviate your situation is to challenge the correctness of the calculation of the losses caused.
Almost all cases are played by citizens, so you should not allow illegal connection to the power grid.
Finally
The penalty for illegal connection to the power grid can grow from several thousand to hundreds of thousands of rubles.
Firstly, the company makes accruals according to a special formula that takes into account the maximum possible consumption, which is virtually impossible. Secondly, exceeding the threshold of damage leads to criminal liability. The maximum fine is 300 thousand rubles. If at the same time imprisonment and a fine are imposed, its amount shall not exceed 80 thousand rubles.Holding administrative or criminal liability does not exclude a claim from the sales or network company.
Deficiencies in the preparation of documents by plaintiffs by the courts are almost never taken into account.