It is difficult to imagine the life of a modern person without electricity. After all, electricity is not only lighting, but also a power source for household appliances, refrigeration equipment, electronic gadgets, etc. Unfortunately, representatives of management companies are also aware of this, and they often use power outages as a lever of pressure on residents who are late in paying for utilities.
It is noteworthy that such disconnection does not always occur within the framework of the law, and in some cases, the management company and housing and communal services can be held accountable for arbitrariness.
What the law says
There is no single bill regulating the legal relations between the electricity supplier and the end consumer. However, there are a number of regulations that reveal the main legal aspects related to this issue.
In particular, given that electricity is actually a commodity, we are talking about a seller and a buyer. Therefore, you can refer to the provisions of the Law protecting consumer rights. According to the paragraphs of this document, the consumer has the right to complain about the supplier in the event of systematic power outages or in cases of illegal shutdown.
In addition, do not forget that the consumer is a citizen, therefore, his protection is under the Civil Code of the Russian Federation.
In cases where we are talking about illegal power outages on the territory of SNT, you can refer to Federal Law No. 217-FZ. This document obliges members of the partnership to pay for utilities and regulates the total amount of membership fees.
Federal Law of July 21, 2014 N 217-FZ “On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation in terms of legislative regulation of relations for the rental of residential premises of social housing stock”
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.
In what cases is de-energizing premises considered illegal?
Let us immediately note that a power outage cannot be carried out at random, simply because someone wanted to put pressure on the debtor. Even if a person has not paid for electricity for a long time, it is impossible to suddenly cut the wires going to his apartment.
According to established rules, a power outage should not lead to negative consequences. In particular:
- Damage to property: personal and public.
- Violation of fire safety requirements.
- Creating a threat to the life and health of citizens.
The established procedure for limiting energy resources is regulated by the provisions of Government Decree No. 442. This document also contains a list of persons on whose initiative full or partial restrictions can be carried out. This includes the supplier, the energy distribution network company and the consumer.
If we talk about specifics, a power outage is considered unlawful in the following situations:
- If electricity is used to heat an apartment building, the power cannot be turned off in the winter, even if there is an outstanding debt.
- Disconnection for non-payment - if a person regularly pays for electricity, they cannot turn off their electricity for debts on water supply, sewerage and other utilities.
- A threat to life and health is created - for example, if a small child lives in the house or there is a sick person connected to life support equipment.
- Shutting off the entire entrance/house - limiting the supply of energy resources should not violate the civil rights of other residents.
Important! Restrictions in the supply of electricity cannot be sudden, even if a person has never paid for electricity. To turn off the electricity, the initiator is obliged to notify the payer in advance. This information is conveyed in any way: telephone call, registered letter, email newsletter. After receiving the notice, the debtor has 20 days to repay the debt in whole or in part. If there is no payment, a restriction on the supply of energy resources is introduced for 10 days. In cases where this measure does not have the desired effect, the room is de-energized for an unlimited period. Usually, until the existing debts are fully repaid.
Federal Law of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation”
What services can you call if there is no power?
Where to go if the power goes out without notice? If there is no electricity in the entire house, you can first contact the control room of the utility service provider or the chairman of the partnership if the house is part of an HOA.
If the above services do not have data, you should contact the energy saving organization on whose territory your apartment or house is located.
In large cities there are also Temporary Information Centers operating in a specific area. Their telephone numbers should also be provided to residents on information boards .
If there are people with disabilities in the family, it is important to know about benefits for utility bills. You can find it here.
It is also worth knowing that in cases where an unscheduled power outage without warnings on the information board leads to damage to property, citizens have the right to demand compensation for the resulting damage from the utility service provider and the energy-saving organization.
In such situations, victims are guided by Decree of the Government of the Russian Federation No. 354 of 05/06/2011 on “Rules for the provision of utility services in apartment buildings and residential buildings.”
Important. The telephone numbers of all emergency services, the chairman of the HOA, the control room of the utility service provider and other important organizations should be posted on the information stand at the entrance.
Where to call when disconnected
If the lights in the house suddenly go out, the first thing you need to do is check the traffic jams and circuit breakers. Perhaps the reason lies in a large number of connected household appliances or a sudden power surge. If everything is in order in the apartment, you need to contact the following organizations:
- A network company that redistributes energy resources.
- Energosbyt.
- The management company servicing the house.
- Ministry of Emergency Situations - if there is a risk of a fire hazard.
Procedure for filing a complaint
In cases where power outages are systematic or the apartment is de-energized illegally, it is necessary to file a complaint. You can contact your electricity supplier or management company regarding this issue. If the complaint remains unanswered, you can try to restore justice through Rospotrebnadzor, the district administration or the prosecutor's office. When an unlawful shutdown of electricity causes property damage or moral harm, a claim should be filed in court.
There are no special requirements for complaints regarding systematic/unlawful power outages. The main thing is to present the circumstances of the case in detail and concisely.
To do this, the complaint must contain the following information:
- It is advisable to indicate the name of the authority (in full) when contacting the prosecutor's office.
- Full address of the authority.
- Applicant details: Full name, residential address, contact phone number.
- The name of the document, and in our case, “Complaint about power outage.”
- Address of the object, information about the status: property or social tenancy agreement.
- Reasons for disconnection: arrears of payment, interruptions in the work of the supplier, etc.
- Information about the date of restriction of energy supply, information about how the management company responded to the situation.
- Request to restore power supply.
- References to legal acts proving that the shutdown was carried out illegally.
- Information about the harm caused (if it was caused).
- Consent to the processing of personal data.
- Date of writing and signature.
Important! The complaint can be private or collective. In the second case, the document is signed by all citizens whose rights have been violated. By the way, collective complaints are considered more quickly.
Sample application to the prosecutor's office about illegal power outage
What documents and evidence will be required?
All previous appeals to supervisory authorities are attached to the complaint, in order of hierarchical subordination. For example, if a complaint is filed with the prosecutor's office, it must be accompanied by photocopies of responses from the management company, service provider, Rospotrebnadzor or district administration. Additionally, you will need title documentation for the residential premises: purchase and sale agreement or social lease, deed of gift, etc.
Receipts for payment for energy resources and testimony of neighbors at the entrance can be considered as evidence.
When is it considered?
The law clearly defines the time frame for consideration of such complaints. In particular, the citizen must receive a response within 30 days after the application. In exceptional cases, the review period may be extended, for example if additional checks are necessary. In such situations, the applicant must be notified in writing. In any case, the maximum period for making a decision cannot exceed 60 days from the date of acceptance of the complaint by the authorized body.
Complaint about power outage
If the electricity in the house is periodically turned off without legal grounds, this becomes a significant reason for residents to complain about the blackout.
Grounds for illegal shutdown
The power supply is not always cut off legally. For example, such cases include:
- the debt is less than 60 days old;
- turning off the lights without warning;
- suspension of electricity supply in winter to houses where heating is provided by this resource;
- rolling blackouts (when, for example, one resident of an apartment building is in arrears for electricity, and the lights are turned off for the entire house);
- shutdown in a home, which may lead to adverse social and economic consequences (for example, in an apartment where a seriously ill citizen lives connected to medical equipment).
Rice. 2. Failure of household appliances is a common consequence of sudden power outages.
Claim structure
Table 2. What is a complaint?
The organization that supplies electricity to the house (data can be found in the receipt for payment of housing and communal services, relevant for residents of the private sector) | |
Administration of the locality | |
Rospotrebnadzor | |
Housing inspection | Illegal interruption of electricity supply. |
Prosecutor's office | Refusal to resolve the issue of permanent power outages by other authorized organizations, illegal blackouts (without reason, without warning). |
Court | By filing a claim, we recover material and moral damage caused as a result of illegal shutdown of electricity. |
Name of claim item | Summary |
Recipient | Name, address of the department. |
Applicant (representative) | Personal details, address and telephone number, if available - email (plus for the representative - a link to the details of the power of attorney). |
Title of the document | Complaint (claim). |
The essence | Briefly describe the reason for filing the complaint. |
Requirement | What result is the applicant seeking? |
Application | Evidence (for example, a deed). |
Date and signature | Posted upon completion. |
To file a written complaint, you can use the following sample.
Where to complain
The first point of contact is the management organization or enterprise that supplies electricity. Also, in many cities there is a single dispatch service where you can call if you have any questions. When they ignore solving the problem, we file a claim with:
- local administration;
- Housing inspection;
- Rospotrebnadzor;
- prosecutor's office
Read more: Job description of an administrative manager
It is not forbidden to send a complaint to several departments at once to speed up the resolution of the problem. If a consumer suffers harm as a result of an unlawful shutdown, he has the right to compensation through the court.
Methods
Complaint forms:
- oral (call to the management organization, unified dispatch service);
- written (when the prepared claim is sent by mail or left at the department’s reception);
- using the Internet.
Sometimes a phone call from the residents is enough to resolve the issue with the light. If the outages are systematic, it is better to file a written complaint or leave a request via the Internet.
Internet
You can submit a claim online on the website of the regional department of Rospotrebnadzor, the Housing Inspectorate or the prosecutor's office.
Residents of Moscow can apply on the portal “Our City Moscow”, on the website of the Moscow Housing Inspectorate. Residents of other regions also have the right to file claims on such resources. For example, residents of Nizhny Novgorod – on the portal “Our Nizhny”, residents of St. Petersburg – “Our St. Petersburg”.
Rice. 3. Complain on the portal “Our City Moscow”
Solving the problem through court
Legal proceedings can be initiated in cases where appeal to previous authorities did not give the expected result, property/physical harm was caused, and the supplier needs to be held accountable. In other situations, it is better to solve the problem of power outages pre-trial. The fact is that such proceedings take a lot of time and effort. In addition, the plaintiff will have to pay for the services of a lawyer, however, this amount can then be recovered from the service provider if his actions to turn off the electricity are found to be unlawful.
A statement of claim is written on the same principle as a complaint to the prosecutor's office. In particular, the claim must indicate:
- Full name of the court (usually such cases are considered by district courts).
- Details of the plaintiff and defendant.
- The essence of the matter, with references to the norms of Russian legislation.
- A note about causing harm: what and in what amount.
- Request to recover commensurate moral damages from the defendant (if necessary).
- List of documents attached to the claim.
- Date and signature.
The processing time for claims takes a month. Do not forget that going to court involves paying a state fee: the receipt is attached to the general package of documents.
The amount of the fee directly depends on the value of the claims. For example, if the price of the claim varies between 20,000-100,000 rubles, the state duty will be 800 rubles. + 3% of the amount exceeding the minimum threshold of 20,000 rubles. More detailed information on this issue can be found in Art. 333.19 of the Tax Code of the Russian Federation.
If the claim is of a non-property nature, the fee is paid in the following amounts:
- Individual - 300 rubles.
- Legal entity - 6,000 rubles.
Article 333.19 of the Tax Code of the Russian Federation “Amounts of state duty in cases considered by the Supreme Court of the Russian Federation, courts of general jurisdiction, and justices of the peace”
Is it possible to connect the power yourself in case of a blackout?
Now let's talk about not how to connect, but what responsibility people will bear when deciding to arbitrarily set up the electricity supply. And first of all, let’s highlight that there are two “types” of such a connection:
- Unaccounted for. The connection is made indirectly through those devices that are responsible for conducting electricity to a specific apartment. This means that although the contract is concluded with a specific organization, payment is made only for part of the energy used.
- Non-contractual. There is a connection to the network, but it was created without a corresponding agreement. The owner does not pay anything, but uses the resource.
If we talk about the fine for unauthorized connection of electricity after a shutdown, it could be as follows:
- individuals - up to 15,000 rubles;
- legal entities - up to 200,000 rubles;
In addition, it is also necessary to pay not only the established fine, but also the cost of all the energy that was used “bypassing” the metering. The amounts vary greatly depending on the company. Can the lights be turned off for non-payment or interference with work again? Yes, but there will be litigation and even greater fines than before. And if we talk about how much it costs to independently connect the lights after a shutdown, then we can safely use as an example the size of the fine, legal costs and additional expenses.
Responsibility for illegal power outages
If the guilt of the management company or energy supplier is proven, the perpetrators can be brought to administrative or criminal liability for arbitrariness. Arbitrariness should be understood as unauthorized actions that run counter to the norms of current legislation.
Within the framework of the Administrative Code, punishment may be as follows:
- Arbitrariness (Article 19.1 of the Administrative Code) - a fine of up to 500 rubles for the official who committed the offense.
- Violation of the provision of public utilities to citizens (Article 7.23 of the Administrative Code) - a fine of up to 10,000 rubles.
- Abuse of a dominant position in the market of goods and services (Article 14.31 of the Code of Administrative Offences) - a fine of up to 1,000,000 per legal entity.
Criminal liability:
- Arbitrariness (Article 330 of the Criminal Code) - a fine of up to 80,000 rubles or arrest for six months, if the crime was committed using threats/violence - imprisonment for up to 5 years.
- Termination/limitation of electricity supply, disconnection of life support sources (Article 215.1 of the Criminal Code) - imprisonment for a term of 2-5 years, depending on the severity of the harm caused.
Article 19.1 of the Code of Administrative Offenses of the Russian Federation “Arbitrariness”
Article 7.23 of the Code of Administrative Offenses of the Russian Federation “Violation of standards for providing the population with utility services”
Article 14.31 of the Code of Administrative Offenses of the Russian Federation “Abuse of a dominant position in the commodity market”
Article 330 of the Criminal Code of the Russian Federation “Arbitrariness”
Article 215.1 of the Criminal Code of the Russian Federation “Cessation or limitation of the supply of electrical energy or disconnection from other sources of life support”
The legislative framework
The main documents that can be referred to when defending interests in connection with unlawful shutdowns of electricity are as follows:
- Law on Consumer Protection.
- Government Decrees No. 442 of 05/04/2012 (procedure for limiting energy consumption) and No. 354 of 05/06/2011 (provision of public services).
- Art. 7.23 of the Code of Administrative Offenses - violation of standards for the provision of utility services leads to a fine of a legal entity of up to 10,000 rubles.
- Art. 330 of the Criminal Code – criminal liability in cases of arbitrariness (committing unauthorized illegal actions that caused significant harm).
Attention! Even if there are legal grounds for limiting the supply of electricity, certain shutdown procedures must be followed. Failure to comply with this rule entails the recognition of the organization’s actions as unlawful.
On cases where blackouts are declared illegal:
Save and share information on social networks:
A sudden power outage can only occur in emergencies , when the loss of power supply is due to natural disasters, equipment breakdowns and other actions beyond the control of organizations.
If a shutdown occurs due to scheduled repairs or due to debt on utility bills , residents of the de-energized area or house should receive an appropriate warning .
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the free consultation numbers:
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Permanent power outage: where to go to resolve the issue?
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:
- Failure to fulfill payment obligations in an amount exceeding three monthly payments.
- Illegal connection to network power supplies.
- Other violations of the agreement concluded between the consumer and the supplier.
- Carrying out repair work.
- Elimination of an emergency situation.
- 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.
For enterprises and organizations, the standards are specified in the contract with the service provider.
Illegal grounds for disconnection
In addition to scheduled inspections, there are situations when the lack of electricity violates the rights of citizens and requires contacting various authorities designed to resolve the conflict:
- There is no light for more than 24 hours even if a scheduled check is carried out.
- The supplier limited the supply without specifying the reason.
- The limit exceeds 72 hours per year.
- Disconnection for non-payment of less than three months' payment for electricity.
- Disconnection for non-payment without prior warning to the debtor by an official letter with the latter’s confirming signature.
Reasons for shutdown
In most cases, the reasons for turning off the lights will be related to the following points:
- carrying out preventive work;
- repair of faulty equipment;
- equipment failure due to natural disasters;
- accident at a power plant;
- hooligan antics leading to a power outage;
- presence of unmetered electricity consumption;
- connecting a large number of electrical appliances to the network;
- non-payment for electricity.
Important. Scheduled repairs cannot be carried out for more than 24 hours.
Over the course of a year, the total time during which scheduled repairs were carried out cannot exceed 72 hours . The timing of emergency repairs can be negotiated separately when signing an agreement with the company supplying electricity.
Where to complain about a power outage
In cases of permanent power outages without warning, citizens have the right to file a complaint against the organization supplying electricity to the following authorities.
Resource supplying organization
The first step in resolving a power outage problem is to contact your service provider in writing.
If there has been a massive power outage, it is best to file a complaint for illegal shutdown as a group. The application should be prepared in two copies, one of which must be left in hand with a note of receipt. Those who apply will be notified in writing about the results.
If the problem remains after contacting, you should complain to higher authorities.
Prosecutor's office
A complaint to the prosecutor's office can be filed if the supplier's actions were illegal and citizens have a sufficient evidence base: calling the employees of the energy supply organization, calling the management company, the emergency service, a statement to the supplier, etc.
Rospotrebnadzor
There are several ways to file a complaint with Rospotrebnadzor:
- when applying in person at your place of residence. The application is drawn up in any form, with a detailed description of the situation. The preferred option is a collective complaint, they are considered first and have a greater resonance;
- by mail to the address of the authority;
- by submitting an electronic application on the official website of Rospotrebnadzor. You can attach evidence to your appeal in the form of photographs and videos, scanned documents, etc.
Local authorities
A complaint about permanent blackouts can be submitted to the local administration. Within up to 30 days, specialists are required to provide a written response to the request, explaining the reasons.
Court
If there is a constant blackout and inaction on this issue by the resource supplying organization and administration, you can file a claim with the judicial authorities at your place of residence. All available evidence in the case must be attached to the application.
What to do if there is a sudden power outage?
Before calling emergency services when there is no power, it is important to first check your home meters .
A power outage could only happen in your apartment, which is due to the presence of a large number of electrical appliances or due to a short circuit.
To check this, just go to the panel, which in apartment buildings is often installed on the site. If the automatic meter system does not work, the shutdown problem affects the entire house . Once you are sure of this, you can start calling the responsible authorities.
Important. Sometimes the automatic system may not work and you will be the only one without light. In such cases, you can notice the problem by following the traces of burnt wiring.
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:
- 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.
- The main part of the document should describe the problem in detail, indicating the reasons for the appeal.
- The requirements should be stated at the end of the document.
- Below indicate the date and signature of all applicants (in the case of a collective complaint).
- 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;
- an act confirming the blackout, drawn up by specialists of the emergency service or the organization supplying electricity;
- statement and responses from the service provider, management company or local administration;
- other documents confirming the fact of illegal disconnection.
The lights in the house are turned off - where to call and what to do
To understand what to do if the power is turned off in a private home, you need to determine the reason. If the power outage was unexpected, then you did not receive a notification. First of all, you need to disconnect all electrical appliances from the power supply.
Then you can go to the machine and check what condition it is in. If you see that any lever is in the "off" position, turn it on, first making sure that nearby wires are not singed and that you do not smell a burning smell.
If everything is in order with the machine, it means that most likely there is an emergency shutdown. To find out exactly the reasons and future prospects, you need to call special services.
- Rescue service 112. You can call this number even without a SIM card in your phone. Convenient service, the service receives all emergency calls and then redirects you where you need to go.
- You can call the management company or emergency service number indicated on your payment receipt.
- Call the emergency number in your area. You can check the number in the telephone directory or look it up on the Internet. It would be a good idea to record the phone numbers in the memory of your mobile device.
Ways to file a complaint
A complaint can be submitted in several ways:
- In person when contacting an organization at your place of residence.
- By registered mail at the location of the organization.
- To the organization's email address (if available).
- Through the electronic reception (Rospotrebnadzor).
If the fact of illegal power outage is proven, the resource supplying organization will be brought to administrative or criminal liability.
When is it illegal to cut off the electricity supply?
Disconnection of the consumer from the power supply must be carried out in accordance with established laws and regulations.
However, situations arise when the supply of electricity is specially and illegally limited. What are these situations?
- Housing and communal services do not have the authority to turn off the supply of electrical energy if there is a debt for payment of any utility services, but there is no debt for electricity (how do electricity shutoffs occur for non-payment?).
- Let us turn to Article 38 of the Federal Law “On Electric Power Industry”. In accordance with this regulatory act, rolling restrictions on energy consumption are prohibited. This means that if there is a defaulter, then turning off his electricity should not infringe on the rights and legitimate interests of neighbors. In this case, an individual regime of restrictions must be introduced.
- On July 1 of each year, all constituent entities of the Russian Federation must establish a list of consumers in particular need of electrical energy. Blackouts can have social, environmental and economic consequences. For example, a sick person lives on the premises, whose life depends on the operation of devices connected to the network. Disabling an object can result in death.
- A shutdown is considered illegal if the procedure for introducing energy supply limitation modes is violated.
- Shutting down for scheduled repairs is considered illegal if it exceeds the permissible time frame.
- The electricity supply was not restored two days after the provision of a certificate stating that the debt for housing and communal services was repaid.
Disconnected without notice: can this be considered legal?
Even if a resident of an apartment building is in default on utility bills, before protecting him from receiving electrical energy, you need to notify him about this using any of the proposed methods.
The notice is delivered personally against signature or sent by registered mail with notification. Also, the non-payer must be notified by telephone call, notice on the receipt, email, etc.
20 days must pass from the date of the last notification, which are given to repay the debt. If the payment has not arrived, then a restriction on electricity consumption is introduced for a period of 10 days. Then the electricity will be turned off completely.
If the light was turned off without any notification, the citizen has the right to contact the Housing Inspectorate.
If you don't pay, you sit in the dark!
If for some reason citizens do not pay for electricity consumption, the utility service provider can turn off its supply. This can be done only three months from the date of receipt of the last payment .
In this case , one month before the expiration of 90 days, the management company or any other utility provider is required to send a warning . If it is not received, citizens have the right to appeal the power outage.
When the power is turned off due to non-payment, a report on the work being carried out must be drawn up . It serves as confirmation that the management company does not violate Article 330 of the Criminal Code of the Russian Federation “Arbitrariness”.
Read more: Where to turn if they don’t accept the goods back
Important. In the event that the disconnection was illegal, citizens can be guided by the “Law on the Protection of Consumer Rights” and its Article 15 and demand compensation for moral damage.
Liability for unjustified termination of power supply to individual apartments
Administrative
Administrative liability may arise in situations where the shutdown was carried out without following a legal procedure (what is the procedure for turning off electricity?).
- You can refer to Article 19.1 of the Code of Administrative Violations. The actions of the electricity supplier will be regarded as arbitrariness, and the punishment will be a fine in the amount of 100 to 300 rubles, and for officials from 300 to 500 rubles.
- If the lights are turned off very often, then you can resort to Article 7.23 of the Code of Administrative Offenses. For officials, the amount of the fine will be from 500 to 1,000 rubles, and for legal entities from 5,000 to 10,000 rubles. But only if it turns out that there is a real violation of the standards for providing the population with electrical energy.
- If the energy company is a monopolist in the energy market, then in this case Article 14.31 of the Code of Administrative Offenses can be applied. It indicates abuse of its dominant position in the market. Punishment for officials in the amount of 15,000 to 20,000 rubles, and for legal entities from 300,000 to 1 million rubles.
Criminal
- Very often, illegal power cuts can be calculated in accordance with Article 330 of the Criminal Code as arbitrariness. This means that the person who is responsible for the failure of power supply must be subject to a fine or correctional labor. Arrest and imprisonment are permitted.
- Also, in accordance with paragraph 1 of Article No. 215.1 of the Criminal Code of the Russian Federation, if a power outage resulted in any damage, for example, harm to health and so on, then in this case a fine, correctional labor, or even imprisonment will be imposed.
- If a power outage caused the death of a person, the official will be held accountable to the law in accordance with paragraph 2 of Article 215.1 of the Criminal Code. The punishment will be forced labor and a ban on holding certain positions.
Power outage at night - the main algorithm of actions
The lights in the house were turned off at night - who to call?
It’s clear what to do during the day. But what if there is a power outage at night? As a rule, many people do not notice this, since they themselves are sleeping. There is no electricity at night, who should I call?
After all, there are situations when light at night is necessary, but it is not there. In this case, you can call the already familiar number 112 or the Unified Duty Dispatch Service.
This service was created by government decree specifically to quickly respond to various types of emergencies.
On any day, at any time of the day, your request will be accepted and responded to instantly. The dispatcher will independently contact those responsible and send the necessary team to solve the problem.
Features of response in different regions of the country
As an example, consider the two largest cities in Russia - Moscow and St. Petersburg. It doesn’t matter whether the power is turned off in the house or in the apartment, the answer to the question “where to call” is the same.
In the capital, if there is a power outage, residents should contact the emergency dispatch service in their local district. Employees, as a rule, react instantly, and the breakdown is quickly fixed.
In the northern capital there is only one such service for the entire city, but this does not prevent it from working properly and solving problems as soon as possible.
In principle, there is practically no difference between the actions of residents of different Russian cities. It doesn’t matter whether there is one service in your city, two or ten - you can contact the emergency team at any time of the day, and help will come quickly. Over the phone, you will also be given the necessary recommendations and given an approximate time frame for resolving the issue.
What to do if the lights in the apartment are turned off contrary to the law?
You should act in stages:
Legal consultation. Result guarantee. Are you calling???? .
- File a claim with your electricity supplier.
- If the answer is negative or there is none, collect a package of documents and prepare a complaint to government agencies.
- Wait for the review result.
- If there is damage caused, a claim is filed in court.
Preliminary proceedings
Where to contact?
- First, the claim must be sent to the company that is the supplier of electrical energy. This is your management company, Energosbyt or HOA.
- If the appeal remains unanswered, you must send a complaint to Rospotrebnadzor, the prosecutor's office or the district administration.
- If damage occurs as a result of a power outage, try to hold the supplier accountable. To do this, you need to file a claim in the district court.
Required documents and evidence
If there is an illegal power outage, it is important to first determine which organization to contact.
- If you file a complaint, contact Rospotrebnadzor, the Housing Inspectorate or the prosecutor's office, in which case you will need to provide a response from the supplier to whom you previously filed a complaint.
- Receipts for payment of electricity and a document confirming the ownership of the residential premises are attached.
- Also, there may be other evidence, for example, written testimony from neighbors who also talk about illegal shutdowns.
Drawing up a complaint
The complaint is drawn up on a white A4 sheet.
- At the top, the initials and position of the employee of the prosecutor's office (Rospotrebnadzor) to whom the complaint is being filed are indicated.
- Below is the address of the location of the government agency.
- The initials of the applicant are indicated along with contact information. Residence and registration address.
- The date is set.
- In the middle is the name of the document.
- Complaints can be collective or sent by you personally.
- You must indicate where you live and whether you are the owner of the premises in which the lights are systematically turned off.
- The circumstances that preceded the power outage are indicated. Perhaps this is a violation of the supplier's duties or your failure to pay for services, but in the absence of notification from the supplier.
- We need to indicate that we pay for electricity every month, but the electricity supply service was still turned off.
- Information is provided when the lights were turned off, and how electricity suppliers responded to your request to turn them on.
- Also, there is a requirement to recalculate payments for electrical energy, as well as requirements for inclusion.
- Date and signature are added.
- The consumer consents to the processing of his personal data.
Depending on the specifics of the individual situation, the text of the complaint may vary.
Terms of its consideration
In accordance with Federal Law No. 59 of May 2, 2006, applications from citizens must be considered within thirty days from the day your application was registered; this is stated in Article 12.
Trial
Statement of claim to court
The statement of claim is drawn up on a blank white sheet of A4 format.
- The right side indicates the name of the court where the case will be heard.
- Even lower is information about the plaintiff, indicating contact phone numbers and residential addresses.
- In the middle of the line indicate the word “Statement of Claim”.
- Below are the circumstances of the case with references to the legislation of the Russian Federation.
- It is established in which room the power was cut off and what reasons preceded it. Which is a direct violation of the rights, interests and legal requirements of the plaintiff.
- If necessary, indicate the status of the recorded readings of electrical energy meters.
- Requirements are established for the recalculation of electrical energy that was not consumed due to the shutdown, as well as a requirement for the inclusion of electrical energy.
- If damage has been caused, it also needs to be reported.
- Additionally, you can recover moral damages, lost profits, and so on.
- A list of attached documents is listed.
- Date and signature are added.
Duration of the procedure
If the case is filed in the magistrate's court, then the statement of claim is considered before the expiration of the calendar month, Art. 154 of the Code of Civil Procedure of the Russian Federation, after which a date for the meeting is set.
State duty and other financial expenses
During the process, you may need the services of a lawyer. If the court finds the defendant guilty, this amount can be recovered from him.
The amount of the state duty depends on the price of the claim, this is regulated by Art. 333.19 Tax Code of the Russian Federation. If it is less than 20,000 rubles, then the amount of the state duty will be 4% of the amount, but not less than 400 rubles. If the cost is higher, the amount increases.
If the damage due to the blackout was not caused and the claims in the statement of claim are not of a property nature, then the amount of the state duty for individuals will be 300 rubles, and for organizations 600 rubles. in accordance with paragraph 1 of Article 333.19 of the Tax Code.