When will power outages become illegal?
Restriction or suspension of electricity supplies is carried out on the basis of Art. 546 Civil Code, Art. 38 Federal Law “On Electric Power Industry” and Section XI of the Rules approved by the RF Government No. 354 of 05/06/2011.
The energy supply contract is public; according to Article 540 of the Civil Code, it is valid from the date of actual connection to the power grid.
The absence of a written agreement between the supplier and the subscriber in accordance with Article 540 of the Civil Code of the Russian Federation is not a reason for turning off the power.
If the subscriber has legally connected to the networks and pays for energy supply on time, then the contract has been concluded from the moment of connection.
IMPORTANT: According to Art. 310 of the Civil Code, unilateral changes in the terms of the contract, refusal to fulfill obligations are illegal. Exceptions to this rule are established by the above laws and government regulations. All other cases of turning off electricity, except those given in the listed documents, are illegal.
Most often, electricity is turned off if it is necessary to eliminate or prevent an accident. Planned shutdowns for the purpose of prevention are carried out according to a schedule communicated to consumers in advance; it is legal to carry them out no more than three times a year, no more than for a day each time.
Emergency operations are automatically performed by emergency control devices. Private unscheduled outages on this basis indicate the unsatisfactory performance of the energy supply organization, the incompetence of its management and (or) specialists assigned to the house (neighborhood).
We talked about how to find out why there is no power, whether it is an emergency shutdown or a planned one, in a separate article.
In SNT
Turning off the power is a common measure of the impact of SNT boards on gardeners.
It is often used to force garden house owners to comply with the requirements of the governing bodies of the partnership and to speed up the collection of membership fees.
Such actions of the chairmen of the SNT in accordance with 66-FZ of April 15, 1998 are illegal, they can be considered a crime under Art. 330 of the Criminal Code (“Arbitrariness”), as well as to recover moral damages from the chairman, even if he justifies them by a decision of the board or meeting of the partnership.
In the apartment
ATTENTION! Utility workers often turn off electricity for non-payment of other utility bills and services, the supply of which is illegal or technically impossible to limit, even when the subscriber has paid for the supply of electricity itself. It is illegal.
In such cases, utility services have the right to demand payment of debt through the magistrate's court, then through bailiffs. And they have no right to turn off electricity for this reason.
The rules prohibit turning off electricity before holidays and weekends.
Mandatory procedures before turning off the lights
In the 21st century, it is impossible to imagine life without electricity. Power outages not only cause inconvenience to local residents, but also cause damage to businesses whose activities directly depend on uninterrupted power supply.
In accordance with the legislation of the Russian Federation, restriction of access to resources must be carried out with prior notification to the user. It doesn’t matter whether it is carrying out scheduled work or disconnecting the defaulter from the energy supply networks. The Civil Code of the Russian Federation states that access to electricity cannot be restricted if such activity will lead to an accident.
In the event of a planned power outage for non-payment of supply services, the user must be properly notified. The notice is sent in writing in person or by mail. Proof that a person has received a notice will be his signature on the delivery slip. There is no provision for notifying the user orally, by telephone, or by telegram of the intention to disconnect him from communication networks.
Please note! It is possible to disconnect a user from electricity if he intentionally fails to fulfill his obligations to pay for the services provided for two months. He is given 20 days to repay the debt. If the client does not want to repay the debt, he is sent a paper stating the date the user will be disconnected from the communication networks.
After the supplier has notified the user of the need to pay for services, as well as the fact of a power outage, he can limit the supply of electricity. For example, turn on the light only at moments that are significant for a person’s life, in the evening, in the morning for several hours.
As a rule, three days after all debt repayment deadlines have expired, the supplier completely interrupts access to resources. At the same time, employees of the energy sales company seal the meter.
Note! If you do not have the full amount to pay the debt, you can agree on an installment plan. In addition, if you do not shy away from fulfilling your obligations, but simply explain your situation, you can achieve a deferment of payment for some time.
What responsibilities are provided by law?
Frequent illegal switching off of electricity is considered a crime under Art. 330 of the Criminal Code (“Arbitrariness”). Civil liability in the form of compensation for material and (or) moral damage is provided for in accordance with Article 15 of the Federal Law “On the Protection of Consumer Rights” (N 212-FZ of December 17, 1999, N 171-FZ of December 21, 2004). It is possible to achieve administrative liability of the supplier under Article 14.31 of the Code of Administrative Offenses, since it is a natural monopolist.
Who to call if the lights are turned off?
- Most cities have a hotline that you can call in case of interruptions in the supply of any utilities, including electricity.
You can easily find out her number at the help desk or at the reception desk of the local administration. - It is also necessary to write down in advance the number of the Emergency Dispatch Service of the Electric Network, the emergency dispatch service of the municipal district administration.
Many cities have a single dispatch service with a short, memorable number, for example, 005. - Information about planned outages is usually provided in advance on the website of the administration of the municipal district or city.
Is it legal to cut off electricity for debt?
An interesting thing turns out - every tenant is obliged to pay for utilities on a monthly basis, but only has the right to receive benefits and subsidies provided by the state. In most cases, you have to prove your rights in court. For example, there is a benefit for large families - a 50% discount on utility bills. It is given by the government of the Russian Federation, and local government considers this benefit in its own way. To receive it, you first need to pay the bill. And the amounts often locally do not cover the real 50%, because fixed payments are provided for each family member.
If there is arrears in paying for electricity, there are other possible levers of influence on a willful defaulter - turning off the electricity. If there is a common meter in a communal apartment, where some of the residents regularly pay for the energy consumed, they cannot turn it off, because not only debtors, but conscientious payers will suffer from this action.
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What to do if the light goes out very often?
If the shutdown is the result of an accident, a repair team is dispatched to the site. It usually takes several hours to eliminate the causes of the accident. If such emergencies occur frequently, this is a reason for a complaint.
Typically, energy supply contracts provide for the norm of planned shutdowns of energy supplies no more than three times a year, no longer than a day in a row each.
If shutdown occurs more often, the following consumer actions are advisable:
- write a statement in duplicate about power outages to the energy company that services your home.
- The application is accepted by the secretary, who stamps and signs with the date of receipt on his and your copy of the incoming document.
- Go to the customer service department of the energy company, tell the employees about the problem verbally, and ask when it will be fixed. According to the rules, it must be eliminated within 24 hours. The exception is restoration work after destruction caused by a natural disaster or other force majeure.
- If after your request the outages continue, this is a reason to go to court.
How to record a violation?
First of all, you need to collect the signatures of your neighbors as witnesses to the shutdown, even if it only happened in your apartment (house).
Then you need to call representatives of the energy company that supplies you with services and achieve the creation of a special commission that will record the violation by drawing up an act.
The commission must include a representative of the energy supply organization and (or) management company.
A member of the SNT has the right to call the local police officer and register a complaint at the police station.
How to deal with frequent power outages online via the Internet?
- As a rule, the websites of municipal administrations are interactive, where you can write a statement outlining your problems and wait for a response.
- Register on the federal government services website and file a complaint in the appropriate window on this site. Registration rules are given on the website. They require a personal appearance at one of the local institutions for identification.
- If the previous appeal did not have any effect, you should contact the website of the regional prosecutor's office with a complaint in any form.
Finding out the address is easy: write in Yandex Search: website of the prosecutor's office of the N region (republic, territory, district). Your complaint will be considered if it does not violate the rules given on this site. If you have not previously contacted the authority to which the energy supply organization is subordinate, your application will be forwarded to this authority for action.
How to write a paper complaint?
In the header you indicate your full name, contact details of the registration address and actual and other contact details.
The application is written to the prosecutor of your city (district).
In the title you write: complaint about violation of the Rules for the provision of utility services.
Describe the situation in any form.
What documents should I attach to the complaint?
Attach to the application the text of the complaint with the collected signatures of the neighbors and (or) the Act of Violations with the signatures of the commission members (if any). Leave the originals for the court.
Sample complaint to the prosecutor's office about a power outage.
What are the paper feeding methods?
You send a paper application to the prosecutor's office in a simple letter, which you drop in the mailbox.
It is sent to other authorities by registered mail with notification or brought in person and handed over to the secretary of the institution against signature.
Institutions for receiving complaints
- Energy supply company.
- The higher-level organization of the energy company (founder).
- City (district) administration.
- City (district) prosecutor's office.
- World Court, your territorial area.
On our website you can find out how to draw up a notice and an act on turning off electricity for debts, what to do if the lights are turned off on this basis, as well as what fines are provided for unauthorized connection to the power grid.
Procedure for turning off electricity for non-payment
- If you have not paid the 2-month electricity bill (according to the standard), then you need to wait for a warning. Depending on the organization, it can be sent: in the form of a registered letter, an email to an email, a telephone call with a recording of the conversation, posting a warning in your personal account, or in writing delivered directly to your place of residence against signature.
- If you accept this warning, then the 10-day period begins, during which you need to either find funds to pay the debt or contact the energy saving organization with a request to sign an agreement.
- If messages are ignored, after another 10 days the electricity is turned off by a special team or one specialist. Seals are applied and a report is drawn up.
- All costs associated with limiting the supply of a resource, applying a seal, as well as renewal are paid at the expense of the consumer.
The procedure for disconnecting electricity from consumers is covered in Government Resolutions. We are interested in individuals, that is, ordinary citizens. How resource access is terminated is reflected in the numbers: 354, 442 and 1498. With the introduction of amendments and the adoption of the new Resolution number 1498, it has become easier to impose restrictions.
The reply is in process
The energy supply must be restored by the supplier two days after the debt has been fully repaid and (or) other causes that led to the outage have been eliminated.
In practice, this procedure takes from three days to a week in different regions.
Where payment is made according to the average, and not according to meter data, it begins from the moment of presentation of documents on debt repayment, and not from the actual connection. It is useless to argue with the state on this issue.
The government agencies you contact are required to give you a written response within a month. When applying via the Internet, the response will be given electronically.
Schools and hospitals will be cut off from electricity due to debts
However, it would be naive to believe that as soon as the energy sector receives a new mechanism for influencing defaulters, the situation with debts will begin to improve. Here's a recent example. Recently, utility workers in the Oryol region warned that once the new resolution comes into force, they will be ready to shut down 28 schools for non-payment. Governor Vadim Potomsky immediately banned the shutdown.
The problem of growing debt of non-disconnected consumers has existed for many years. Moreover, the issue is so acute that back in 2021, President Vladimir Putin demanded that the government take measures to restore payment discipline. However, in fact, nothing has been done since then. If in 2021 the Ministry of Construction estimated the total debt on utility bills at 380 billion rubles, then by the middle of this year the figure had already risen to 1.3 trillion rubles.
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