In what order will electricity be turned off for non-payment in 2021?

The law is harsh

As of January 1, 2021, the moratorium on power outages and the accrual of penalties for late payments ceased to apply. Let us remember that the relaxations introduced a year earlier were related to the pandemic. This does not mean that all debts were forgiven in 2021, but defaulters did not risk being left without electricity.

Now the conditions return to the original ones, which means that:

• Penalties will be charged for late payment.
• If payments are delayed for a long time, electricity supply may be suspended or terminated.
• In order for the light to return, you will have to pay a certain amount, and this will not happen immediately, but only within two days.

When is it illegal?

The management company must responsibly approach the procedure for turning off electricity so that their actions are not considered illegal in the future. Possible illegal situations:

1. The debt specifically for electricity is taken into account. If there is non-payment for water or heating, they have no right to turn off the lights.
2. If the house is officially heated in winter with electrical appliances, turning it off is unacceptable. This threatens the life and health of residents, and also makes the apartments unsuitable for habitation.
3. Rotating restrictions on services are prohibited, that is, when sanctions are imposed, the neighbors of the defaulter should not suffer.
4. Citizens included in the category of socially unprotected, such actions against whom are illegal, were disconnected.
5. The process prescribed by law was not followed.
6. Feed breaks exceed the specified maximum.
7. After repayment of the debt, the service was not restored within 2 days.

To prove such a fact, you need to invite an energy sales employee and draw up an act on illegal shutdown.

Categories of citizens

IMPORTANT! The provision of subsidies is of a declarative nature, that is, the applicant must inform social security of his desire to receive it and confirm his right with documents. Moreover, the debt accumulated up to this point will have to be repaid in full.

The law protects segments of the population who, due to life circumstances, are temporarily unable to fulfill rent obligations:

1. Citizens registered for housing have low-income status. This means that their total income does not reach the subsistence level and gives them the right to receive a subsidy. Then the state takes on part of the costs.
2. The debtor is a good-faith payer, but the employer is delaying wages. You need to notify the energy supply about such a situation, attach the appropriate certificate and ask for a deferred payment.
3. Socially vulnerable citizens live in the apartment: a minor child, a disabled person. The deterioration of their living conditions is not allowed.

Citizens must be the initiators of a peaceful resolution to the conflict with the utility service. When there are objective reasons for non-payment and they are obliged to return it, energy sales will agree to individual terms for repaying the debt. Litigation is not necessary for both parties, so utility companies always meet halfway.

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.

Who cannot have their electricity turned off for non-payment?

There are several categories of citizens who are prohibited from making partial and 100% power outages:

• disabled people due to health or age;
• pregnant women;
• minor citizens.

To confirm the preferential group, you must bring a certificate to the office of the RSO or Management Company. The person holding such preferences must be an owner or a family member.

The presence of permanent and not temporary registration of a beneficiary is strictly mandatory.

Department of Energy Law Prohibiting Disconnections from the Electricity Grid for Nonpayment

Limitation of electricity consumption mode. Possible consumer actions and their consequences.

In addition to the fact that there are categories of beneficiaries who are prohibited from being deprived of electricity, in general, each specific case must be considered from different angles by the management of the Distribution Grid Company or the Management Authority.

In this case, the amount of debt for payments should accumulate over 2 months, but in fact the amount of debt can be 300 rubles. All possible measures should be taken to repay the arrears, namely, contact the supervisory agency in writing, or make an appointment for a personal meeting with the head of the organization. Experts also advise paying off debt in installments.

Disabling utility services should not harm the remaining residents of the apartment who are not debtors.

On what basis can utility workers turn off the lights?

This right is enshrined in Art. 119 of the Decree of the Russian Federation “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.”

In doing so, they must follow a certain order:

• First, a notice is sent stating that if the debt is not repaid within 20 days, the service will be first limited and then suspended. If it is not possible to restrict the service, its provision will be suspended without an intermediate step.

Important! A notice is considered given only if there is confirmation of it. This means that it must be handed over to the debtor against receipt or by registered mail with acknowledgment of receipt. If this is not done, further “sanctions” will be illegal. The service provider may use other methods of transmitting a message: a call with a recording, an email with confirmation of receipt, information through the state housing and communal services information system or the Internet.

• If the consumer ignores the warning and does not pay the fee, the provider may limit consumption of the service. If this does not lead to results, the provision of the service may be suspended. Exceptions are heating and cold water supply in apartment buildings. Electricity may be cut off if you do not respond to the demand to pay in time.

Complete restriction or suspension of the provision of services - cessation of the supply of electrical energy.

Illegal shutdown

What should you do if your power was turned off without prior notice or another violation was committed? A citizen has every right to file a complaint with the supervisory authorities, and then with the court. The penalty facing a representative of a utility organization is quite severe - unauthorized actions contain elements of a criminal offense (Article 330 of the Criminal Code of the Russian Federation “Arbitrariness”):

• fine up to 80 thousand rubles;
• compulsory work up to 480 hours;
• correctional labor for up to 2 years;
• arrest for up to six months.

If violence or threats to commit violence were used against the owner, even imprisonment for up to five years is possible. The decision on the type of punishment is made by the court after considering the criminal case. At the same time, the service provider is obliged to connect the light as soon as possible.

In relation to the energy supply company, Article 14.31 may be applied. Code of Administrative Offenses of the Russian Federation “Abuse of a dominant position in the commodity market.” An administrative fine of 15 to 20 thousand rubles is provided for officials, from 300 thousand to 1 million rubles for legal entities.

If a family with a young child lives in an apartment, turning off the lights strictly according to regulations is not an offense. It’s another matter if there is a disabled person in the premises whose life depends on electrical appliances - in this case, the owner can immediately call the police. Utility companies will be required to promptly restore power supply.

To obtain compensation for illegal shutdowns, you should go to court. To do this, you will need a lawyer who has experience in similar cases. The specialist will tell you whether the consumer’s rights were really violated, help determine the amount of damage and will represent your interests in court.

How to fix the situation

To restore electricity supply, the home owner only needs to pay off the debt. This should be done as quickly as possible, otherwise a penalty will be charged.

Correct actions of the debtor:

• When a homeowner is convinced that he will not pay his light bill on time, he can exercise his right to receive a deferment. According to the law, the Criminal Code should not refuse him. As a result, a person gets the opportunity to avoid fines and forced power outages.
• If the electricity is turned off, you need to quickly collect the required amount to pay for the services received.
• Next, a receipt (proof of debt repayment) should be submitted to the management company, then write an application to restore the electricity supply.
• Connecting the light is a paid service, the amount is determined individually.
• Then you should contact the management company employees and agree on the removal of the seal.

If the above conditions are met, the organization is obliged to restore the supply of electricity within two days.

The only thing the homeowner will have to do to restore the supply of electricity is to pay off the debt. Source img-fotki.yandex.ru

Is it possible to connect yourself?

A situation where a consumer tries to illegally connect a cut-off light is considered a crime and entails liability up to and including criminal liability.

It happens that, having paid the debt, the subscriber independently restores the supply of the resource. It is important to understand that this is illegal. Such specific activities should be carried out by professionals, since responsibility for the consequences falls on the performer. Incorrect manipulations can harm the common property and neighbors’ own property, as well as the health of the former debtor. All consequences will be his fault and he will have to pay the costs.

Therefore, you need to write an application to the utility service, attach documents about payment of the debt and electrician services, and wait for the power to be officially restored.

How much does the service cost in 2019?

Let's find out how much it costs to reconnect electricity in 2019 in the event of a disconnection, for example, if it was cut off for non-payment. Until recently, each management company or electricity supply company set its own price, which they considered justified for carrying out connection work.

In 2021, the situation has changed. In accordance with Government Decree 354, paragraph 121, subparagraph 1, for the reconnection of electricity consumers, individuals are charged an amount as compensation for the costs incurred by the initiator of introducing the restriction. This amount should not exceed 3 thousand rubles.

If your management company or electricity supplier demands a higher amount, this is a direct violation of the law.