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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:
- 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.
- Illegal grounds for disconnection
- Where to complain about a power outage Resource supply organization
- Prosecutor's office
- Rospotrebnadzor
- Local authorities
- Court
- Recording a violation
For enterprises and organizations, the standards are specified in the contract with the service provider.
Reasons and grounds for power outages
Causes of power outages can occur unexpectedly due to accidents. Or the outages are related to planned repairs or preventive maintenance. Let's consider both cases in order.
Unscheduled
Options for unscheduled power outages:
A breakdown that resulted in partial or complete failure of the power supply system. The likelihood of breakdowns is determined by the level of maintenance. From the consumer's point of view, such problems are unpredictable and cause a lot of inconvenience.
The reasons may be
equipment wear or bad weather : strong wind, rain or snow. Occasionally, various types of natural disasters or other emergencies may occur.
When we talk about eliminating network failures, we should not forget that in some cases emergency situations (lack of electricity) can be created not by the network, but by the consumer.
In such cases, it is necessary to turn off the power grid to carry out repairs .
Unauthorized repairs to electrical networks in an apartment can cause a lack of light in the entire house.
Sometimes it happens that the company that maintains electrical networks replaces one another. During the transfer of cases, technical malfunctions are possible, which can lead to interruptions in the operation of electrical networks.
Planned
When lights are disconnected and connected, this does not always mean there is a problem. Like any technical object, electrical networks must undergo maintenance. During maintenance work, time-limited outages may occur.
In this situation, the question of why there is no light should not arise, since consumers are notified of the outage in advance .
Debt liability
The reasons for a power outage may vary. But there is one reason when the disconnection is the fault of the consumer himself or a group of people living at the same address.
We are talking about the appearance of arrears in paying electricity bills in an apartment, entrance hall or in the entire house.
The legislation establishes measures of influence on debtors in order to return public funds.
Therefore, when there is a power outage as a result of debt, you should not be surprised by this phenomenon and complain to higher authorities. The light will appear after the debt is paid off and the fine is paid.
Other
It is also necessary to mention such reasons when the electricity was turned off due to abuse by users.
They can also turn off the lights if the consumer uses a fraudulent method of unlimited energy consumption and makes an unauthorized connection.
Or, when a consumer uses equipment with increased electricity consumption, which significantly exceeds the capabilities provided by the power grid.
Penalties provided for by law
Disabling is usually a last resort measure against a negligent owner. Before resorting to this measure, the management company usually tries to influence the situation in other ways. Among the sanctions that apply to defaulters are the following:
- penalties. They are calculated depending on the amount of debt and the period of overdue;
- fines. They can be charged according to the terms of the agreement with the management company, which is concluded for the maintenance of the owner’s apartment, including the provision of electricity.
If none of these methods work, then the final attempt to collect the debt may be to disconnect from the network.
When they have no right to turn off the lights
A measure to cut off the supply of electricity is acceptable in case of malicious non-payments, but the management organization may be tempted to use shutdowns in conflict situations on illegal grounds.
For technical reasons, it is easier to turn off the lights in a targeted manner than, for example, the sewerage system or water supply. Therefore, for those who do not pay rent, it is easier for the management company to turn off the power supply than to continue to persuade them or impose fines.
Attention ! Such power cuts for non-payment of utilities are illegal, and residents, regardless of the size of their debts, have the right to complain about such actions.
Penalty
The terms of the contract may provide for the accrual of penalties for late payment or systematic lack of payment. This provision does not contradict the legislation of the Russian Federation, therefore it can be freely applied by the management company. In the standard case, penalties are calculated as follows depending on the time of delay:
- 1/300 of the refinancing rate of the Central Bank of the Russian Federation, if the delay is less than 90 days;
- 1/130 if the period of non-payment is 91 days longer.
Please note that penalties are charged for each day of delay.
If you allow the established time period for paying for electricity to be significantly exceeded, a significant amount of penalties may accumulate.
Procedure for turning off electricity for debts
By law, electricity must be paid on time.
But, there are always cases of dishonest attitude towards one’s obligations. Some pay late, while others become habitual defaulters. Do they have the right to turn off the light of non-paying customers? Indeed, to combat them, a measure such as turning off electricity for debts can be used.
For what debt can the electricity be turned off? This can only be done in accordance with the rules and restrictions set by the state.
For what debt can the lights be turned off? Disconnection is allowed only when the debt is equal to or exceeds three monthly payments . For smaller debts, such a measure is not provided.
If the disconnection is carried out in violation of the established rules, then this is the basis for going to court to assert your rights based on Article 15 of the Law “On Protection of Consumer Rights”.
Responsibilities of residents in accordance with the Housing Code of the Russian Federation
The Housing Code of the Russian Federation contains provisions according to which citizens are obliged to pay funds for the maintenance of housing. These responsibilities primarily include paying for utilities.
In accordance with Art. 153 of the RF Housing Code should do this:
- owners of a housing cooperative;
- developers before transferring ownership of real estate;
- owners of apartments and houses;
- legal entities that rent municipal and government premises;
- citizens who have entered into a social tenancy agreement.
Both state and municipal authorities are required to make payments.
Informing the consumer
It is not acceptable for electricity to go out suddenly without any warning. When such a shutdown is made, no warning may be given less than thirty days before it is actually done. This is stated in the blackout law mentioned above.
The payer is given another chance to repay the debt . If he manages to do this within the specified period when he was warned, the shutdown should be canceled and the light cannot go out.
When disconnecting, an official document (act) about turning off the light must be drawn up.
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.
Sources
- https://PravPotrebitel.ru/zhkh/poryadok-otklyucheniya-elektroenergii-za-neuplatu.html
- https://YurPortal.info/dolgi/mogut-li-otklyuchit-svet-za-neuplatu/
- https://SocPrav.ru/otklyuchenie-elektroenergii-za-neuplatu
- https://neuristu.ru/zhkh/otklyuchili-svet-za-neuplatu-imeyut-li-pravo-chto-delat-kak-podklyuchit-chto-esli-est-rebenok.html
- https://samelectrik.ru/chto-delat-esli-otklyuchili-elektroenergiyu-za-zadolzhennost.html
- https://PoPravu.club/uchrezhdeniya/zhkh/otklyuchili-svet-za-neuplatu.html
- https://PotrebPrav.ru/zhkh/otklyuchenie-sveta-za-neuplatu
- https://sud.guru/zhkh/otkljuchenie-jelektrojenergii-za-neuplatu-kommunalnyh-uslug.html
- https://ZKHinfo.ru/kommunalnye-uslugi/otklyuchili-svet-za-neuplatu
- https://zen.yandex.ru/media/id/5adeba2279885eadd65addce/5cab36a3084e0800aff62cc7
What to do if the power goes out without warning
Let's consider where to call to inquire about a power outage. First of all, we need to determine the scale of the shutdown:
- Perhaps the light went out in only one apartment.
- There is no electricity in part or all of the entrance.
- Part of the house, the whole house or several houses were left without power.
- There is no light in all the nearby houses.
The first case can be considered the most difficult. This could be a fault located inside the apartment or a shutdown for non-payment. In the latter case, there should have been a warning a month before this day.
In other cases, we are talking about either a planned shutdown or liquidation of the consequences of an accident.
If there is a power outage, first of all you want to understand what happened. Then decide where to call if there is no electricity.
This will allow you to make an assumption about how long the outage will last and plan your further actions.
Who to call if there is no light in the apartment? It’s better to call energy sales for help, where they already know what happened and will tell you the estimated time of resumption of electricity supply. If no one has notified you of the accident, then you need to make an appropriate application.
Can the management company turn off the lights? First you need to find out by calling the Criminal Code by phone.
You need to know in advance the telephone numbers that will be useful in an emergency. It would be wise to call the organization that is directly involved in repairs (the emergency service of the district or city). If you do this, you can get information almost first-hand.
You can get more information by talking by phone with the management company.
Important ! Before looking for where to call if the power was turned off without warning, you need to consider that it could also be turned off for non-payment.
How to connect back
First you will have to pay off all your debts. If this is not possible at the moment, feel free to go to your local energy sales office and ask for an installment plan. They don’t have the right to show you the turn from the gate. The installment period is half a year. After your application is accepted, you will receive a certificate confirming the solution of financial problems with arrears in payment for electricity. Then you go to the electricians, pay for the electricity connection (usually this amount does not exceed more than one thousand rubles). The next stage is waiting for specialists at home. There are deadlines and procedures for returning electricity after the consumer has resolved all his problems.
During the connection process, all previously installed seals are removed, and a report is drawn up again. Your light should appear within 24 hours after the debt has been repaid.
Accordingly, the resumption of power supply in the event of repairs or orders from supervisory authorities must be carried out immediately after completion of work or correction of detected problems (after liquidation of the emergency situation).
Complaint
A complaint to the prosecutor's office about illegal power outages can be filed when the electricity was turned off, and the shutdown was carried out in violation of current legal regulations.
To prove the fact itself, you can simply record the testimony of witnesses . This is done in order to bring the perpetrators to justice.
How to compose and submit
When drawing up a complaint, in the upper right corner you need to note that the appeal is to the prosecutor, indicate your full name, then indicate your personal data.
The title of the document (“Application”) is written below. Then, the text of the complaint and the grounds for the appeal are stated clearly and in detail. The applicant's signature and date are placed at the bottom.
The completed document is submitted to the prosecutor's office. At the same time, it may be accompanied by witness statements that confirm the complaint being filed.
View samples of complaints to the prosecutor's office.
How long must you notify?
The contractor receives the right to restrict or suspend the electricity supply service if the consumer does not pay in full for the service provided to him and he has incurred a debt.
The amount of debt must exceed the amount of 2 monthly payments for electricity, calculated on the basis of established standards.
The presence or absence of an individual or common meter is not taken into account (clause 118 of Resolution No. 354). That is, the defaulter will receive a notification after two billing periods (billing period - month), for which he did not pay.
If the debt has been generated for all or several types of public services, then the amount of debt for disconnection is calculated for each type separately.
