Theft of electricity: features of punishment for theft under Art. 165 of the Criminal Code of the Russian Federation, the amount of the fine, methods of bringing to justice, and also what statement should be drawn up?

The fine for the theft of electricity does not seem to frighten Russians: the widespread theft of electricity still remains one of the main problems of domestic grid companies. Despite all the efforts of energy workers, the scale of theft continues to grow: in some regions, up to half of all consumers steal electricity, and one in five are caught again.

To combat such repeat offenders, Russian senators recently adopted amendments to the Administrative Code: now you will have to pay more for a second violation. Let's figure out how they will now punish for stealing electricity and what other dangers there are for flirting with utility workers.

What it is?

Electricity theft is the consumption of energy resources illegally without concluding a contract. The service in the form of electricity is provided for a fee at tariffs approved by the authorities. Unauthorized use of it free of charge causes damage to the supplier and the state.

In the Decree of the Government of Russia No. 442 (05/04/2013) (as amended on 08/13/2018) there is an explanation about unauthorized connection.

Liability depends on the damage caused. It is divided into:

civil law;
administrative and legal;
criminal.

Punishments are provided for in the following documents:

Code of Administrative Offences;
Civil Code;
Criminal Code.

For your information. Late payment for electricity is not theft.

What to do when disconnected

Not all electricity thieves act from criminal motives. Sometimes this is a forced measure associated with disconnecting housing from the network for non-payment.

In such a case, it is easier to pay additional penalties than to risk huge fines and imprisonment for the accumulated debt. But if the housing was not connected at all or was technically cut off from the common line, the procedure will be a little more complicated.

The correct procedure after disconnecting:

an application for (re)connection is submitted to the management company or directly to the electricity supplier;
the owner receives permission from Rostechnadzor - only for facilities with a power of over 100 kW (for legal entities) or over 15 kW (for individuals);
a new technical connection agreement is concluded with the service provider;
The supplier's representative travels to the site that requires connection and performs work under the contract. Including installing meters (in case of absence);
The network company supplies electricity to the consumer and draws up the corresponding act.

Thus, for illegal manipulations with meters you can now lose 30,000 rubles. No one has abolished criminal liability for particularly large thefts. And soon the punishment may become even tougher. So you should think twice before deceiving an online company. A reconnection procedure is available for persistent defaulters.

Grounds for bringing to administrative responsibility

Persons are brought to administrative responsibility for unauthorized connection to electrical networks and illegal use of energy resources. At the same time, the actions of persons do not contain criminal offenses.

Fine amount

Administrative liability is provided for in Art. 7.19 of the Code of Administrative Offenses of the Russian Federation and is imposed in the form of a fine:

up to 15,000 rub. for individuals;
up to 80,000 rub. for officials and release from leadership positions for up to 2 years;
up to 200,000 rub. for legal entities.

Registration of theft

To bring a person to justice for theft, a certain algorithm is used:

a signal of theft is received (from neighbors in the apartment, house, during the next inspection, before dismantling the meter);
a corresponding act on unaccounted energy consumption is drawn up, which is sent to the resource supplier and consumer within 3 working days;
A citizen who used electricity illegally is issued a bill, which he must pay within 10 days.

If a person ignores the document, the amount of damage caused will be recovered in court.

Interesting! Where to complain about power surges.

Grounds for criminal prosecution

What is the fine?

Criminal punishment will follow on the basis of Article 165 of the Criminal Code of the Russian Federation if damage exceeds 250,000 rubles. Below is only administrative.

Ways to commit an offense

Punishment will follow if the following actions are committed:

changing the electrical circuit, connecting to a source of electrical energy, bypassing the meter;
using a grounded building structure instead of a neutral wire;
mechanical interference with the operation of the measuring device.

Signs of Illegal Electricity Use

Criminals cannot escape punishment for theft if there are facts pointing to it:

discrepancy between the readings of the common house meter and the total readings of apartment metering devices;
non-working meter when household electrical appliances are working;
changing the electrical circuit of devices;
violation of the seal on the metering device;
extra wires to apartments;
homemade twists and branches of wires.

What methods do ordinary people use to steal resources?

To account for the kilowatts of electricity consumed by apartment buildings, or more precisely, by each entrance, a special communal meter is installed at the entrance. A main riser runs from it, from which wires are installed to supply electricity to each dwelling.

The consumption of resources for each apartment is recorded on an individual metering device, which people use to steal electricity.

In general, theft methods vary, and the most common ones can be found in the following list:

Bypassing the meter, special wires are connected and an additional device (bug) is installed.
Periodically, a switch is made to a temporary counter in order to be able to rewind the consumed kilowatts.
Magnet. Such a device will easily slow down the metering device and even stop it.
Using a neutral cable and connecting to contactless wiring.
The use of a device that absorbs electrical impulses.
Purchasing meters that are initially set up for theft.

Everyone must understand that resources cannot be provided for free, and therefore payment for consumed kilowatts is the responsibility of residents, and not just a desire.

Attention! Failure to pay for the use of electricity cannot be regarded as fraud, since this is a completely different legal provision.

Fraud will be the use of special devices to hide the amount of kilowatts consumed.

Punishment under criminal law in accordance with Art. 165 of the Criminal Code of the Russian Federation

According to Part 1 of Art. 165 of the Criminal Code of the Russian Federation (liability without qualifying criteria), the offender is punished:

a fine in the amount of up to three hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to two years;
or forced labor for a period of up to two years with or without restriction of freedom for a period of up to one year;
or by imprisonment for a term of up to two years with or without a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months and with or without restriction of freedom for a term of up to one year.

The act provided for in Part 1 of Art. 165 of the Criminal Code of the Russian Federation, but committed by a group of persons by prior conspiracy or by an organized group; causing particularly large damage is punishable by:

forced labor for up to five years with or without restriction of freedom for up to two years;
or by imprisonment for a term of up to five years with or without a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months and with or without restriction of freedom for a term of up to two years.

How is electricity theft detected?

Consumption of electrical resources is carried out on a paid basis. Each recipient of energy is obliged to pay for it in full at tariffs approved by the authorities. The determination of this volume is carried out on the basis of data from metering devices - meters.

Electricity theft involves illegally obtaining resources in order to avoid paying for them. It is not theft when consumers do not pay for electricity on time; in this case, we can only talk about civil liability.

The grounds for criminal prosecution are regulated by Art. 165 of the Criminal Code of the Russian Federation. Liability under this provision arises taking into account the following circumstances:

theft of electricity must involve fraud or misuse of energy;
the amount of harm caused must be large, i.e. exceed 250,000 rubles (as of 2021);
Not only the owner of the resources (supplier), but also the distribution company, which legally redistributes energy between consumers, has the right to appeal to law enforcement agencies.

What to do and where to go?

Any citizen or company representative has the right to file an appeal with law enforcement agencies.

Important. First, you need to contact the electricity supply company and, together with them, prove the fact of theft.

When employees of electric networks or an energy sales company confirm the fact of theft, a report is drawn up in triplicate. Based on the act, material losses are calculated.

Indicate:

characteristics of the metering device;
consumer information;
place of illegal electricity consumption;
method of theft;
description of the meter at the time of theft;
date of previous inspection and instrument reading;
explanation of the offender regarding the crime;
confirmation of the theft case or refusal.

Next steps are taken:

write an application to the management company providing documents confirming the theft;
write an application to the energy sales company demanding verification of meter readings for a certain period;
invite a specialist to check an illegal connection to the network;
go to court with a claim and attach all documents.

How electricity is stolen

Illegal connection to the public power grid is one of the most daring ways not to pay.

However, there are other popular methods to reduce utility bills by manipulating the readings of conventional meters:

the zero contact of the meter is replaced by a grounded structure (plumbing or fittings);
a separate line cuts into a branch to the meter - the device is simply excluded from the circuit;
“zero” and “phase” of the counter change places - the device begins to “wind” in the opposite direction;
A powerful neodymium magnet is placed on the meter body - the mechanism stops.

Here and there you can find outdated disk counters , which are stopped even easier: a match or thin metal wire is passed through a tiny hole in the case, as invisible as possible to the inspector, stopping the disk. In case of inspection, the stopper can be removed and the hole masked - and all hope remains for the inspector’s inattention.

Since Russians' meters are usually located inside apartments, owners can manipulate the devices unnoticed. But monitoring organizations are constantly improving methods for detecting such “kulibins”. All modern meters are equipped with an anti-magnetic seal - it allows you to prove that the payer tried to use a magnet, essentially making this method of passing kilowatt-hours past the meter useless.

Utilities can also determine the fact of non-contractual use of the electrical network based on a complaint from neighbors or by analytical methods. The appearance of a “parasite” on the network is indicated by increased meter readings for residents of one house or entrance, or a sharp decrease in consumption in a separate house or apartment. These races may be a reason to visit a suspicious owner. If these suspicions are confirmed, he will be punished to the fullest extent.

Where to apply?

If theft is discovered in an apartment or private house, then file a complaint with the following organizations in the specified order:

housing management company;
law enforcement agencies;
prosecutor's office;
court.

For your information. Usually the issue is resolved positively after contacting the housing management company.

What to include in the application?

The application shall indicate reliable facts confirming the guilt of the violator with the provision of evidence. You can also indicate the measures you expect to see as punishment. If the application does not contain enough evidence of a crime, then the initiation of a criminal case will be refused.

Neighbors are stealing

If you suspect that residents in the neighborhood (an apartment or private house) are stealing electricity, you must:

turn off all electrical appliances and inspect the meter (normally it should not record the energy consumed);
submit an application to the management (for apartments) or resource supply (for houses) organization.

You cannot open the electrical panel yourself or carry out repair work. If there is a discharge from heating pipes or water taps (when it “shocks” when you touch the battery or even from flowing water), you need to contact the Criminal Code immediately.

Have you encountered a situation where your neighbors are stealing electricity?

Yes

Material on topic! How to complain about neighbors for not complying with fire safety.

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.

Unaccounted for electricity consumption, we remind you of the consequences

Unaccounted for electricity consumption, we remind you of the consequences

JSC "ESK" is constantly working to suppress the theft of electricity. Periodic raids to identify unaccounted consumption are carried out by employees of the technical audit group together with security personnel. If resistance is shown by the violators, a repeat visit is made together with the police.

Every year, the staff of the joint-stock company "Energy Grid Company" identifies more than a hundred cases of interference in electricity metering. Such situations are called unmetered consumption, and their cause can be either the carelessness of the consumer or malicious intent - the desire to artificially lower the readings of the meter in order not to pay for part of the electricity consumed.

*"Unaccounted consumption" - consumption of electrical energy in violation of the procedure for metering electrical energy established by the energy supply contract, the contract for the provision of services for the transmission of electrical energy on the part of the consumer, expressed in interference with the operation of the metering device, the responsibility for ensuring the integrity and safety of which is assigned to the consumer, in including violation of seals and (or) visual control signs applied to the metering device, failure to comply with the deadlines established by the contract for notification of the loss (malfunction) of the metering device, as well as the commission of other actions (inactions) by the consumer that led to distortion of data on the volume electrical energy consumption.

Methods of theft from year to year become more inventive and technologically advanced: consumers use powerful magnets that stop the counting mechanism of the metering device, buy metering devices in which additional electronics are homemade, allowing the adjustment of the electricity metering mode, embedding a special relay into the metering device (there is a There are many proposals for installing such devices; sellers present their products as energy-saving, although all this, of course, does not affect consumption in any way, but only allows you to temporarily avoid paying for part of the electricity).

Joint Stock Company "Energy Grid Company" is constantly working to analyze electricity transportation in order to identify commercial losses. Thus, metering devices are installed not only at consumers, but also at power grid facilities of ESK JSC. By analyzing the readings of metering devices, it becomes possible to identify areas of electricity loss - sections of the network where electricity was consumed, but was not presented to anyone for payment. In addition, statistics of readings and consumption are kept for each consumer - which means that for each month the volume of electricity can be compared with last year, or with the consumption of similar consumers. Work is underway to monitor the validity of replacing metering devices by consumers. During the analysis, corrections are made for many factors, including air temperature, recalculations, “average” and “standard” settings, and the lack of transmitted readings from consumers. All this makes it possible to gradually narrow the search circle and ultimately identify consumers who have “hidden kilowatt-hours.” The staff of a network organization does not always have the ability to quickly detect indirect signs of electricity theft, and this can create the erroneous impression among an unscrupulous consumer that the trick will remain undetected. However, the search for unaccounted consumption is ongoing, its methods are being improved, and the material for analysis is becoming more extensive and detailed.

What are the consequences of identifying the fact of unaccounted consumption? First of all, a one-time presentation for payment of a large volume of electricity, calculated based on the maximum possible electricity consumption of a given facility (electrical installation). In most cases, this volume greatly exceeds the actual consumption, which causes indignation among many consumers faced with this situation. It is important to understand that federal legislation protects the interests of not only consumers, but also energy workers in the electricity market. It is for this reason that regulations provide for interference with the operation of meters and related equipment by setting obviously inflated consumption - this is an absolutely legal way to compensate power engineers for the costs of electricity that was previously consumed without payment. In addition, such recalculation serves as a fine - it is intended to motivate consumers not to interfere with the normal operation of metering devices. The procedure for calculating additional charges is determined by decrees of the Government of the Russian Federation: No. 354 of 05/06/2011 - for household consumers; No. 442 of 05/04/2012 - for others, including legal entities and individual entrepreneurs.

Interference with the operation of electricity metering devices is prohibited by law. Revealing the fact of such interference legally entails the presentation of a large bill for payment, and if it is not paid on time, the power supply will be turned off and legal action will be taken!

**"Uncontractual consumption of electrical energy" - unauthorized connection of power receiving devices to electrical grid facilities and (or) consumption of electrical energy in the absence of a duly concluded agreement ensuring the sale of electrical energy in retail markets, except for cases of consumption of electrical energy in the absence of such an agreement in within 2 months from the date established for acceptance by the guaranteeing supplier for servicing consumers.

An unscrupulous consumer of electricity should remember that the cost of non-contractual consumption is many times higher than the cost of legal electricity consumption. The amount in the bill can become an unpleasant surprise and lead to bankruptcy of the enterprise or cause serious damage to the family budget.

If the consumer refuses to pay the cost of non-contractual consumption in a timely manner and in full, debt collection is carried out in court.

Sooner or later, the cost of illegal consumption will have to be paid in full. In addition, administrative and criminal liability is provided for illegal electricity consumption.

Unauthorized connection to electrical networks, as well as unauthorized (unaccounted) use of electrical energy entails, according to Article 7.19 of the Code of Administrative Offenses of the Russian Federation, the imposition of an administrative fine:

for citizens - from 10,000 to 15,000 rubles (if repeated - from 15,000 rubles to 30,000 rubles);
for officials - from 30,000 to 80,000 rubles (if committed repeatedly - from 80,000 rubles to 200,000 rubles or disqualification for a period of two to three years);
for legal entities - from 100,000 to 200,000 rubles (if repeated - from 200,000 rubles to 300,000 rubles).

Also, the violator may fall under criminal liability if non-contractual and unaccounted consumption of electricity is qualified as a crime (Article 165 of the Criminal Code of the Russian Federation, paragraph 3, paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated November 30, 2017 No. 48, appeal resolution of the Sverdlovsk Regional Court dated August 23, 2019 in case No. 22-5599/2019).

Criminal liability for theft of electrical energy is provided for in Art. 165 of the Criminal Code of the Russian Federation. The maximum penalty under this article is imprisonment for up to two years and a fine of up to 300,000 rubles. shall be punishable by forced labor for a term of up to five years, with or without restriction of liberty for a term of up to two years, or by imprisonment for a term of up to five years with a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or without it and with or without restriction of freedom for a term of up to two years.

Another consequence of energy theft will be a complete or partial limitation of the power supply to the violator’s facility:

Partial restriction of consumption mode

entails a reduction in the volume of electrical energy supplied to the consumer in comparison with the volume specified in the energy supply contract or the actual need (for consumer citizens), or a cessation of the supply of electrical energy to the consumer at certain periods during the day, week or month.

Complete restriction of consumption mode

entails the cessation of the supply of electrical energy to the consumer through switching at the power grid facilities of the network organization. In the absence of such a possibility, stopping the supply of electrical energy is carried out by disconnecting the consumer's power receiving devices from the electrical network.

The “economical” consumer is deprived of the opportunity to consume electricity until he enters into an energy supply agreement.

Not only the offender, but also those around him will feel the negative consequences of his illegal actions. Power surges cause damage to electrical equipment, jeopardize the reliability of power supply to the entire region, as well as the lives of strangers.

In order to independently connect to the power grid, unscrupulous citizens climb onto power line supports, completely forgetting about safety. The line is live, and any unauthorized actions can lead to tragedy. Those who still manage to “connect” do not think not only about their own safety, but also about the safety of those around them. Often the cable runs too low or lies directly on the ground, which can cause serious electrical injury to bystanders.

Do not allow unaccounted consumption. Report any cases of electricity theft known to you on the website

In conclusion, we note that the volume of stolen electricity directly affects the condition of electrical networks and the cost of electricity. A significant share of the cost of each kWh is allocated to the operation and development of networks. Thus, unmetered consumption undermines the financing of energy infrastructure, which entails not only an increase in the number and duration of outages, but also an increase in tariffs. This, unfortunately, applies to everyone, including conscientious consumers.

Challenge the punishment

A fine for illegal use of electricity can be challenged like any administrative sanction. Cases under Art. 7.19 of the Administrative Code are considered by magistrates. We file a complaint with a higher court (for example, a district court) within 10 days from the date of drawing up or receiving the decision.

You can appeal both the amount of the fine and the fact of guilt in committing an offense. At the stage of drawing up the act of unaccounted consumption, the owner can add his comments to it.

Attention! It is better to support what is stated in the complaint with evidence: copies of appeals, acts, and other documents.

Photo: KML/pexels.com

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.

Application of sanctions

According to Government Decree No. 442 of 05/04/2012, a representative of the regulatory authority comes out with an unscheduled inspection when:

information about theft is received from the management organization, resource supplier;
an application comes from residents (neighbors) or the consumer;
Damage to seals and visual inspection signs is detected.

Upon detection of theft, an act of unaccounted consumption is drawn up in the presence of the resident. When he does not participate in the preparation of the document, two uninterested persons are invited or photography or video recording is made.

On tightening sanctions for repeated theft: