Shutting off electricity for non-payment of services: law and order, rights and acts, features

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Published: September 24, 2018

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The work of energy supply companies and the conditions for limiting the supply of electricity to the population are regulated by Decree of the Government of the Russian Federation dated May 4, 2012 N442 “On the functioning of retail electricity markets, complete and (or) partial limitation of the mode of consumption of electrical energy.” The resolution defines a number of cases when the supplier has the right to turn off the lights:

1. Failure to fulfill payment obligations in an amount exceeding three monthly payments.
2. Illegal connection to network power supplies.
3. Other violations of the agreement concluded between the consumer and the supplier.
4. Carrying out repair work.
5. Elimination of an emergency situation.
6. Submitting an application from the consumer to limit the energy supply.

Electricity suppliers are required to warn citizens about the timing and reasons for shutdowns no later than 10 days before the events.
Limitation of electricity supply for residents of apartment buildings and the private sector should not exceed more than a day and be more than 72 hours per year.

• Illegal grounds for disconnection
• Where to complain about a power outage Resource supply organization
• Prosecutor's office
• Rospotrebnadzor
• Local authorities
• Court

For enterprises and organizations, the standards are specified in the contract with the service provider.

In what cases and under what debts is electricity cut off according to the law?

Power outages are possible under certain circumstances. The law categorically prohibits unauthorized switching off of lights, but at the same time establishes other reasons why a user may be deprived of access to the electrical network:

1. Agreement of the parties. An agreement is signed between the supplier and the consumer, which provides for disconnection from electricity.
2. Situations beyond the control of consumers. These include performing repair and maintenance work in winter, emergencies and emergencies, and natural disasters.
3. Unsatisfactory condition of networks and devices connected to it.
4. The consumer has accumulated a debt for electricity and does not fulfill his obligations.

As for the minimum amount of debt at which the lights are turned off on the basis of non-payment, the law does not establish any specific values. The new law, in force since 2021 (as well as in the current year 2021), has established a rule according to which energy saving companies have the right to turn off electricity to all consumers who have not paid for the service for more than 2 months. This rule is spelled out in paragraph 118 of the Russian Government Decree No. 354.

Categories of citizens who do not have the right to turn off their lights for debts

The legislator protects socially vulnerable categories of citizens, and therefore establishes a number of restrictions regarding power outages and other housing and communal services issues.

Thus, the ban on stopping the supply of electricity will apply if the following people live in the apartment:

• disabled people;
• pregnant women and representatives of large families;
• Small child;
• WWII veterans;
• the consumer has a disabled person or young children in his care;
• You can’t turn off the lights in winter, especially if minors live there.

Can the lights be turned off for non-payment if there is a small child?

The law directly establishes a ban on disconnecting services due to rent arrears if a child under 18 years of age lives in the apartment. However, in some cases, the energy saving company has the right to turn off the lights, but only after a court decision has been made. Sometimes it takes years to reach a verdict.

At the same time, judicial practice is guided by the rule that the light cannot be turned off if the apartment (house) is the only place of residence of the child.

Who to call if the lights are turned off?

1. 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.
2. 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.
3. 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 non-payment of other utilities?

The decision to disconnect a subscriber from the power grid for debts is completely justified and legal, if there are certain grounds for it. However, the law provides that the disconnection procedure will be carried out in a strictly defined manner and in compliance with a number of mandatory requirements. It also sets a prohibiting parameter, compliance with which is mandatory.

Decree of the Government of the Russian Federation No. 334 indicates the need for mandatory notification of citizens about power outages. You can do this in several ways:

• personal delivery of the notification to the subscriber against signature;
• sending a registered letter;
• displaying information in one of the housing and communal services payments;
• telephone notification to the user;
• sending a notification to the citizen’s email;
• notification through the payer’s personal account in the GIS housing and communal services system.

Disconnection procedure

The legislator establishes a certain procedure for shutting off electricity for non-payment and restrictions in force regarding this procedure. Energy saving companies are required to carefully follow all approved rules, otherwise they may face problems when their actions are considered illegal.

The procedure for turning off the light will be as follows:

1. The energy saving organization determines the level of debt. If the consumer does not pay utility bills for more than 2 months, an order to turn off the power is issued.
2. The debtor receives a formal notice confirming the supplier's decision to terminate the consumer's access to the energy supply.
3. On the appointed date, representatives of the supplier come to the consumer and turn off the lights. A special act is also drawn up about this (see below).

Who is the document issued to and is the owner of the apartment needed?

Since the act is drawn up in several copies, one of them must be given to the owner of the apartment. If the owner is not at home when the document is delivered, then they must be handed over to him within 24 hours. When the owner does not receive paperwork about turning off the lights, the procedure is considered illegal. For this reason, the management company sends registered letters or a courier to obtain confirmation of delivery of the notice.

The second copy must remain with the executor of the order, and the third is handed over to the initiator of the established procedure.

If the connection to the power supply network was made by the tenant without permission, then:

• one copy is sent to the performer;
• the second will be given to the offender;
• the third will be sent to the local inspector, who will investigate the illegal act.

Who has the right to turn off the lights

The current norms and principles of the Russian legislative framework establish that only energy-saving structures (for example, Energosbyt), acting as service providers, have the right to turn off electricity.

There is a popular opinion that the management company (housing office, homeowners association, etc.) can also turn off electricity; in practice, this is not at all true. Such actions on the part of the Criminal Code will be equated by law to unlawful misconduct, and violators will be held accountable.

Notice of power outage for non-payment

If the user finds himself in a situation where he is threatened with a power outage, he should know that it is impossible to carry out this procedure without prior notification of the citizen. The law puts forward a requirement that the electricity supplier must send a preliminary notice of disconnection from electricity to residential premises, notifying him of the upcoming process.

The notification has a standard form and is filled out in accordance with applicable legal requirements. The letter is sent at least 10 days before the date of expected interruption of electricity supplies.

How to write a complaint correctly

When drawing up an application to the prosecutor's office, court or Rospotrebnadzor, you must adhere to several rules:

1. In the header of the application, indicate the name of the organization where the application is being written , as well as the full name of the head and personal information of the applicant with contacts. Anonymous appeals will not be considered by any authority in accordance with the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 N59-FZ.
2. The main part of the document should describe the problem in detail , indicating the reasons for the appeal.
3. Requirements should be stated at the end of the document.
4. Below indicate the date and signature of all applicants (in the case of a collective complaint).
5. Attach evidence.

A sample complaint about a power outage to the prosecutor's office, court or Rospotrebnadzor can be viewed at the link.

Recording a violation

In order to prove a permanent blackout, you can use witness testimony or note the fact of restrictions by calling emergency or resource service employees, who are required to draw up a report on the illegal blackout. It is this document that can be used as the main evidence in the future.

What documents should be attached to the complaint?

When filing an application, the availability of evidence is decisive for deciding whether the restriction of light supply is illegal.

The following should be attached to the document:

• witness's testimonies;
• receipts confirming the absence of debt;
• act confirming the blackout , drawn up by specialists of the emergency service or organization supplying electricity;
• statement and responses from the service provider , management company or local administration;
• other documents confirming the fact of illegal disconnection.

Act on disconnecting electricity for non-payment

On May 4, 2012, the Government of the Russian Federation adopted Resolution No. 442, establishing the rule for complete (partial) limitation of energy consumption. If an energy saving company plans to disconnect a subscriber from the network, an official notice must be sent to him, which will confirm that the decision made is legal.

As soon as the date for the expected service disconnection approaches, the debtor’s house (apartment) is visited by authorized representatives of the energy-saving company, who disconnect from the power grid. After completing this procedure, a power outage act is drawn up, confirming the legality of the procedure. It will indicate the circumstances that forced the supplier to refuse service to the subscriber, options for protecting interests, as well as options for returning access to energy resources to debtors.

In addition, the following information will be included in the act:

• meter readings at the time of shutdown;
• Document Number;
• a fact confirming that there is non-payment;
• address of the consumer who is deprived of access to electricity;
• indication of technical information of the electricity meter;
• disconnection period and name of the unit issuing the act.

Answers to frequently asked questions

Private sector

• Why am I being disconnected from the network if I always pay everything on time?
  Open or Close It is possible that your payment did not go to the bank account of JSC Tatenergosbyt. To clarify, you need to contact the customer service office at your place of residence with a paid receipt.
• They cut me off, but yesterday I paid for everything at the post office! What to do?
  Open or Close

  When paying through a branch of Russian Post, funds are transferred to the settlement account of JSC Tatenergosbyt within 3-5 banking days. To avoid such situations, you must contact your customer service office with the paid receipt.

• I'm on shutdown for tomorrow. Today I paid for everything. Won't I be disconnected?
  Open or Close

  Information about the receipt of funds to the current account of JSC Tatenergosbyt appears after 3-5 banking days. We recommend paying the debt, taking this fact into account; Contact your customer service office, the employees of JSC Tatenergosbyt will try to help you.

• We came to turn it off and paid. Where can I submit an electronic check?
  Open or Close

  We advise you to contact the client office serving your address using the phone numbers indicated on the invoice for housing and communal services. They can also be found in the “Contacts” section. Our staff will advise you on further steps.

What to do if a shutdown occurs without warning

The current Government Decree No. 354 dated 0605.2011 establishes a rule according to which turning off the lights for non-payment is possible only after prior warning to the debtor. If a notification was not sent to the user, this indicates non-compliance by representatives of energy-saving companies with the rules for servicing consumers.

If you lose power, the first thing to do is get an explanation of the reasons for the outage and the lack of notification. The simplest option is when the user calls dispatchers. You can do this using:

• manager of the management company (housing office), who is responsible for informing citizens;
• representatives of the help desk of an energy saving organization;
• employees of the unified information center, the telephone number of which can be seen on the information board in the apartment building.

Turning off the lights without warning is a violation that is illegal, and for which the violator will be held responsible . Users have the right to recover from those responsible for the outage some kind of material compensation (loss of food in the refrigerator, failure of various appliances, the consumer was injured due to darkness), and can also claim compensation for moral damage.

Terms of turning off the lights from the moment of notification

After how long the lights in the apartment will be turned off depends on whether it is technically possible to limit the debtor’s power supply or not.

1. If this is not possible, then the lights are turned off 20 days from the date of notification of debt repayment.
2. If it is permissible to limit the supply of energy, then the lights can be turned off after 10 days from the date of limitation of supply, and, accordingly, 30 days from the date of notification to the debtor.

In a situation where a utility service is completely suspended, a representative of the RO or management company comes and seals the equipment that provides the debtor with electricity.

All expenses associated with disconnection/suspension/resumption of power supply are reimbursed by the debtor.

At the time of disconnection of the debtor, a power outage act is drawn up. It is impossible to turn off (suspend) the supply of energy to a consumer-debtor if this entails:

• interruptions in supply to other consumers;
• damage the property of the owners of the apartment building;
• will violate the requirement for the apartment to be suitable as a residential premises.

Taxation VAT connection disconnection for non-payment of electricity

Disconnection and connection of electricity is carried out for a fee. For all actions related to connecting (disconnecting) the light, the user is required to pay a certain amount, which initially includes VAT.

As for taxation on electricity supplies, VAT is initially included in the tariff. The tax is established on the basis that the energy-saving company provides the service of supplying electricity and receives a certain profit. The supplier does not have the right to set an additional VAT rate, since this action will constitute an actual violation of tax legislation and will entail legal proceedings. To avoid problems, you will need to consult a lawyer.

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.

Illegal service disconnection and consumer protection law, fines

The legislator stipulates that in matters of turning off electricity, citizens must adhere to a certain procedure. If you ignore this requirement and do not follow the rules, then the disconnection may be considered illegal.

As a result, violators will be punished and will incur a number of costs associated with the restoration of access to energy resources and payment of compensation for moral and material damage. If a consumer encounters a problem where there is an illegal disconnection, he has the right to file a complaint with the housing inspectorate, the prosecutor's office, the court department, and antimonopoly services. You should consult with a lawyer about how to recover damages.

Fine for unauthorized power outage

The law clearly establishes the rule according to which unauthorized restriction of access to electrical networks is strictly prohibited. Violators will be held accountable, and they will be punished in the form of a system of fines (Article of the Code of Administrative Offenses):

• 1500-2000 rubles – for ordinary citizens;
• 30,000-40,000 rubles – for organizations and officials.

Amount of fine for unauthorized connection to the network

Only qualified employees of energy-saving companies and organizations have the right to connect new users to the electrical network. If the user decides to ignore the actual requirements of the law and connects to the network in a private home on his own, he faces certain consequences.

For individuals, a fine of 1.5-2 thousand rubles is provided. For organizations and various legal entities, especially penalties will be higher - 30-40 thousand rubles (similar measures are provided for a citizen who is a responsible person).

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.

Restoring electricity supply after disconnection for non-payment

Returning the connection to the power grid is possible only after the consumer repays the debt in full, or agrees with the supplier on a temporary deferment of payments. This is included in the list of rights available to debtors.

The procedure for restoring electricity supply will be as follows:

1. The consumer agrees with the supplier to defer payments, or pays off the debt for electricity, water, etc. (including ODN payments). In the first case, he will receive a certificate necessary to resume the supply of the service.
2. With documents giving the right to renew the supply of electricity, the user contacts the utility service provider (for example, Mosenergosbyt), confirming the absence of debts.
3. The consumer pays the cost of the electricity connection service.
4. At the appointed time, the debtor’s home is visited by an electrician, who removes the seals from the meter, draws up an act on connecting the power supply, and can reconnect the lights.

Where to go to connect electricity

You can apply for restoration of power supply only after the debt has been fully repaid. Alternatively, it is possible to reach an agreement with the contractor to provide payment in installments. Connecting the light is a service that you will have to pay for.

To connect the light back you need:

1. Contact the service organization (for example, OEC), you can find it in the receipt.
2. Pay for the service of restoring electricity, costing about 600-800 rubles.
3. Within 2 days, an electrician must come and remove the seal (ab. 9, clause 120 of PP No. 354).