It is important to remember that in the event of an illegal power outage, the consumer has the right to demand compensation for both material and moral damage.
Its size will depend on the level of damage caused by the outage. It is also worth noting that illegally cutting off the electricity supply may be considered an administrative offense.
It is also illegal to restrict the supply of electricity during scheduled repairs if the duration of temporary outages exceeds the norms provided for by regulatory documents.
In accordance with Decree of the Government of the Russian Federation No. 354, if there is a delay in payment, the supplier, before turning off the lights, must send the first notification to the consumer with an offer to pay the debt.
How long can electricity be cut off according to the law?
According to the Housing Code, every citizen of the Russian Federation is obliged to pay for the utility services provided to him. The supply of electricity is regulated by an agreement that the homeowner enters into with the supplying organization. Let's consider whether it is legal to turn off electricity for non-payment of rent.
Expert opinion
Viktor Pavlovich Strebizh, lighting and electrical expert
Any questions ask me, I will help!
These standards are given in Decree of the Government of the Russian Federation No. 442 On the functioning of retail electricity markets, complete and or partial restrictions on the consumption of electrical energy. If there is something you don’t understand, write to me!
How long can electricity be cut off by law?
An uninterrupted supply of electricity is considered an important condition for creating prosperous living conditions. This is important for both residential buildings and industrial organizations.
Today there are certain standards that regulate the specifics of power outages and determine time intervals. In particular, this is the Decree of the Government of the Russian Federation No. 442 “On the functioning of retail markets for electrical energy, complete and (or) partial restrictions on the consumption of electrical energy.”
The fact is that a power outage can cause serious losses for a business . That is why it is worth thinking about in which cases a shutdown is legal, planned, and in which it is not.
Procedure
The law establishes that the procedure for turning off electricity must be strictly and strictly followed. First, there must be evidence of non-payment for more than 2 months. After this, a written warning about non-payment must be sent (at least 2 times). After receiving the notification, the citizen has the right to pay within 20 days, otherwise he will be deprived of light in the apartment.
To stop the power supply, specialists of the appropriate profile are called, who turn off the debtor’s electricity and be sure to seal the meters. Based on the results of a power outage, a special report is drawn up.
Cases when power cuts are illegal
The occurrence of a debt to the service provider does not entail an automatic interruption of the electricity supply. In some cases, the use of this measure is considered illegal, even if the owner has unpaid bills. Such situations include the following:
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Built-in Chandelier
- violation of the procedure (the debtor was not notified properly, etc.);
- violation of the rights of other residents of an apartment or house in which the lights are turned off;
- damage to public communications that occurred during a power outage.
If such violations and negative consequences are detected, residents of an apartment or private house can go to court. They have the right to demand restoration of power supply and compensation for moral damage.
Standards for turning off electricity for non-payment, features of such a shutdown, when is it legal and when is it not?
An uninterrupted supply of electricity is considered an important condition for creating prosperous living conditions. This is important for both residential buildings and industrial organizations.
Expert opinion
Viktor Pavlovich Strebizh, lighting and electrical expert
Any questions ask me, I will help!
These standards are given in Decree of the Government of the Russian Federation No. 442 On the functioning of retail electricity markets, complete and or partial restrictions on the consumption of electrical energy. If there is something you don’t understand, write to me!
Which categories of the population do not have the right to turn off the lights for non-payment?
If there is a debt for more than 2 months for electricity, then this is already grounds for stopping the supply of light. But this rule also has its exceptions - not all categories of citizens are allowed by law to turn off electricity for non-payment. Among them:
If any representative of these groups has a debt on electricity and his services have been suspended, then he must submit documents to the office of the management company. The person to whom the benefit is granted must be the owner of the residential premises or be a member of his family. In this case, the person must be registered at the address where the power was turned off.
Relations between the parties
So, for example, a private owner using electricity for household needs may be turned off in the following cases:
- Any user has the right to terminate the contract unilaterally. You just need to notify the supplier in advance and all bills must be paid.
- You can terminate the service or temporarily restrict the recipient by mutual agreement of the parties. The subscriber is notified in advance by the energy supply company.
- Temporary suspension of electricity supplies and limitation of supplies is possible without coordination and warning in the event of preventing or eliminating an accident. The customer is immediately warned about this.
For legal entities the conditions will be as follows:
- An energy company may refuse to fulfill obligations unilaterally in accordance with Article 523 of the Civil Code: shutdown of electricity for non-payment, as well as based on other legal acts. But warning the debtor must be mandatory.
- Other options for limiting supplies are the same as with a private person: emergency, mutual agreement.
Expert opinion
Viktor Pavlovich Strebizh, lighting and electrical expert
Any questions ask me, I will help!
Today, power outages for non-payment can occur in accordance with government regulations 307, 354 and 442. If something is not clear to you, write to me!
When is debt not a basis for non-provision of services?
The laws do not contain specific categories of people who are prohibited from turning off electricity, but if such a procedure makes the living space unsuitable for living, then this will be a direct violation of the law, “c” in paragraph 122 of Government Resolution 354.
There are several categories of citizens who are given concessions when power outage based on outstanding debt . Thus, it is impossible to disconnect in cases where the following people live in the residential premises:
- pregnant women;
- disabled people;
- minors;
- WWII veterans.
To confirm the preferential category, you must provide the appropriate certificate to the energy supply organization. It should be borne in mind that in this case the beneficiary must have permanent registration in this residential premises.
Our experts have prepared several more useful articles:
- The electricity in the apartment was turned off for non-payment: what should I do, how can I reconnect the electricity?
- Rules and procedure for turning off electricity in SNT for non-payment.
Responsibility for illegal shutdowns in 2022
Both administrative and criminal liability are provided for illegal actions on the part of the service provider.
Administrative liability applies to officials and legal entities. This measure is applied for violation of the standards for providing private consumers with utility services.
Officials are punished with a fine of 10,000 to 100,000 rubles, legal entities - from 100,000 to 200,000 rubles.
Administrative fines are imposed by the housing inspectorate if a violation is confirmed.
Criminal liability follows for illegal restriction of services if this results in material damage or harm to health.
a) The fine for such an act is up to 200,000 rubles or the amount of eighteen months’ salary. Restriction of freedom for up to three years or imprisonment for up to two years is also applied.
b) If the same acts resulted in the death of a person, then the term of imprisonment increases to five years, and in addition to this, a ban on the right to hold a certain position for a period of up to three years may appear.
In case of arbitrariness, criminal liability provides for:
a) A fine of up to 80,000 rubles (or six months’ salary) or forced labor from 180 to 200 hours. Either the work can last from one to two years, or arrest from three to six months is applied.
b) For the same actions, using violence or threats, an arrest of four to six months is applied. The term of imprisonment can be increased to five years.
What to do if your power is cut off
Nobody wants to remain without light for a long time. Therefore, the question arises: where to go and what to do to connect it. The surest way to get your electricity back is to pay off your debt. In the absence of a one-time option, consumers have the right to ask for payment of the debt in installments over six months. With documents indicating payment or installment plan, you need to contact the utility service provider to connect electricity. You should know that this service is paid.
Expert opinion
Chernovolov Viktor Petrovich, consultant in the field of consumer rights protection
If you have any questions, ask me!
After receiving the application, the electrician comes home, removes the seals from the meter and draws up a report on turning on the electricity. Decree No. 354 specifies how many days later the connection must occur. If your rights are violated, write to me and I will help you figure it out.
For illegal actions - to account
It is not legal to turn off all utilities. For example, cold water and heating will not be turned off in the winter season if there is debt. You can read more in this article
If the court finds the actions of the energy supply company unlawful, the consumer has the right to expect compensation for both material and moral damage incurred as a result of a power outage.
If law enforcement officers regard the actions of energy sales officials as arbitrariness, in accordance with Part 1 of Art. 330 of the Criminal Code of the Russian Federation they face one of four punishment options:
Having avoided criminal liability, violators of the law risk being punished in accordance with the Code of Administrative Offenses of the Russian Federation.
Expert opinion
Viktor Pavlovich Strebizh, lighting and electrical expert
Any questions ask me, I will help!
The consumer must be notified of the debt and that the contractor may limit or completely suspend the supply of electricity. If there is something you don’t understand, write to me!
What is considered debt?
The law contains the concept of “incomplete payment for services”. They talk about it when the consumer has a debt of two months' rent (the average monthly fee is calculated from the consumption standard, installed meters do not affect it).
If the consumer pays for the services provided (this means all services: for example, one receipt may include a bill for heat and electricity) partially, then the amount received is distributed among all categories of services in proportion to the cost of each. The unpaid portion is counted as debt.
Once the amount owed exceeds two months' average payments, the utility provider may impose certain “sanctions,” including limiting the supply of electricity.
