Article 215-1. Stopping or limiting the supply of electrical energy or disconnecting from other sources of life support

ST 215.1 of the Criminal Code of the Russian Federation.

1. Illegal termination or restriction of the supply of electrical energy to consumers or disconnection of them from other sources of life support, committed by an official, as well as a person performing managerial functions in a commercial or other organization, if this entailed through negligence the infliction of major damage, serious harm to health or other serious consequences - shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by restriction of liberty for a term of up to three years, or by forced labor for a term of up to two years, or by imprisonment for the same term.

2. The same acts, which through negligence resulted in the death of a person, are punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right hold certain positions or engage in certain activities for a period of up to three years or without it.

What to do if the lights in the apartment are turned off contrary to the law?

You should act in stages:

1. File a claim with your electricity supplier.
2. If the answer is negative or there is none, collect a package of documents and prepare a complaint to government agencies.
3. Wait for the review result.
4. If there is damage caused, a claim is filed in court.

Preliminary proceedings

Where to contact?

1. First, the claim must be sent to the company that is the supplier of electrical energy. This is your management company, Energosbyt or HOA.
2. If the appeal remains unanswered, you must send a complaint to Rospotrebnadzor, the prosecutor's office or the district administration.
3. 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.

1. 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.
2. Below is the address of the location of the government agency.
3. The initials of the applicant are indicated along with contact information. Residence and registration address.
4. The date is set.
5. In the middle is the name of the document.
6. Complaints can be collective or sent by you personally.
7. You must indicate where you live and whether you are the owner of the premises in which the lights are systematically turned off.
8. 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.
9. We need to indicate that we pay for electricity every month, but the electricity supply service was still turned off.
10. Information is provided when the lights were turned off, and how electricity suppliers responded to your request to turn them on.
11. Also, there is a requirement to recalculate payments for electrical energy, as well as requirements for inclusion.
12. Date and signature are added.
13. The consumer consents to the processing of his personal data.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

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.

1. The right side indicates the name of the court where the case will be heard.
2. Even lower is information about the plaintiff, indicating contact phone numbers and residential addresses.
3. In the middle of the line indicate the word “Statement of Claim”.
4. Below are the circumstances of the case with references to the legislation of the Russian Federation.
5. 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.
6. If necessary, indicate the status of the recorded readings of electrical energy meters.
7. 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.
8. If damage has been caused, it also needs to be reported.
9. Additionally, you can recover moral damages, lost profits, and so on.
10. A list of attached documents is listed.
11. Date and signature are added.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

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.

There are many reasons for a power outage: power failures, scheduled repairs, debts to pay for electricity. Every situation has its limitations. Where to go in case of frequent interruptions, how the owner can refuse power supply, and whether the chairman of SNT or the management company has the right to stop the supply of electricity - read our materials.

What other penalties are there for non-payment?

Shutting off electricity is one of the measures to combat non-payers for utility services. Other measures may also apply to them:

1. Peni . For non-payment of any of the housing and communal services, the contractor has the right to charge penalties. It is accrued after 90 days, during which debts accumulated. This means that from the 91st day an amount of 1/130 of the refinancing rate established by the Central Bank of the Russian Federation will be accrued daily. You can check the calculation of charges in a convenient online calculator.
2. Eviction . Applies only to those residents who occupy municipal housing space on the basis of a social tenancy agreement and have not paid utility bills for more than six months. At the same time, if at least part of the payments are made or there are valid reasons, eviction is not applied. This measure can only be used on the basis of a court decision.

The owners of the premises can only be evicted by a court decision.

In general, it is impossible to disconnect a consumer from electricity for non-payment of other utility bills. The debt is calculated for each specific service and the measure of restriction or disconnection is applicable only for it. This means that if there is a water debt, only the water can be turned off.

If the consumer currently has a difficult financial situation that does not allow him to pay for electricity in full, he must contact the management company or the resource supplier (depending on who the contract for the supply of energy is concluded with) for an installment payment plan. Typically, such installments are provided for a period of six months. This will avoid a power outage in the apartment.

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.

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.

Second commentary to Art. 215.1 of the Criminal Code of the Russian Federation

1. The objective side is characterized by a socially dangerous act that has alternative forms:

a) illegal termination or restriction of the supply of electrical energy to consumers;

b) disconnecting consumers from other sources of life support. Stopping the supply means a complete (temporary or permanent) disconnection of consumers from the power grid. Restricting the supply of electricity means either reducing the amount of energy supplied to a level below the minimum required for the consumer, or limiting the supply of energy over time. Disconnecting consumers from other sources of life support means stopping water, gas, and heat supply during the heating season.

2. The crime is considered completed from the moment at least one of those listed in Part 1 of Art. 2151 consequences:

a) major damage (amounting to more than 500 thousand rubles - note to Article 216 of the Criminal Code);

b) serious harm to health;

c) other serious consequences (for example, shutdown of large production facilities with a continuous cycle of work; disorganization of the work of enterprises, institutions or organizations; radioactive, chemical or bacteriological contamination of the environment, etc.).

3. The subjective side is characterized by a careless form of guilt.

4. The subject of the crime is special: an official or a person performing managerial functions in a commercial or other organization.

5. Causing the death of a person through negligence entails criminal liability under Part 2 of Art. 215.1.

Law on power shutoffs for non-payment in 2022

In the housing and communal services sector, there are a number of regulations according to which utility services must be provided to the population uninterruptedly and with high quality. In turn, homeowners – consumers of services – are obliged to pay for them in a timely manner and in full.

Supply organizations cannot refuse to supply resources necessary for the lives of citizens (water, gas, electricity) without compelling reasons. But the legislator has determined cases when they have the right to limit or stop their supply.

The regulatory basis for turning off electricity is the Decree of the Government of the Russian Federation No. 354 and No. 442, which states that the contractor (an organization providing services in the housing and communal services sector), if there are legal grounds, terminates or suspends the provision of unpaid services.

The service provider is a party to the electricity supply contract.

The supplier of electricity to apartment buildings and private buildings is the energy supply organization with which an agreement has been concluded for the supply of the resource.

Most often, contracts for apartment buildings are concluded by management companies, and for private houses - directly by consumers.

Where to go to connect electricity

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

To connect the light back you need:

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