Theft of electricity: punishment for theft in Russia

How much will the fine be for stealing electricity in 2021?

Utilities are expensive today, including electricity.
Therefore, residents resort to various methods of saving, which are not always legal. Last year, my neighbor on the site did something similar. It turned out that he broke the seal and simply unscrewed the meter back. When they came to check the readings, this fact became clear, and he was brought to justice for the theft of energy.

Today, such situations arise everywhere. Too high charges and low wages among the population lead to the formation of debts. At the same time, the theft of electricity is still considered a criminal act, the consequences of which are determined in court.

Let's look at the question of what the fine is for theft of electricity in more detail, and I will tell you what types of liability are provided for by law for such an offense.

Penalty for electricity theft in 2021

Measures taken against electricity theft in 2021 involve a system of fines and even criminal liability.

If material damage is caused on an especially large scale, criminal liability may be brought in accordance with Article 165 of the Criminal Code of the Russian Federation.

What methods do ordinary people use to steal resources?

Accounting for the kilowatts of electricity consumed by apartment buildings, or more precisely, by each entrance, is installed at the entrance to a special, common building meter. 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 we are talking about a completely different legislative provision.

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

Methods of theft in an apartment building

Technical methods of stealing electrical energy include temporarily removing an electrical appliance from the circuit by manipulating the meter readings.

With certain skills and knowledge of electric meters, many craftsmen can remake them in such a way that they begin to give readings up to 50% less.

For this purpose, metering devices are equipped with additional elements. Thus, additional transistors and electrical appliances are soldered into the electronic meter circuit in order to control the meter remotely.

Schemes that allow you to reduce costs or not pay for electricity supply services at all:

Intentional reversal of the order of zero and phase, causing the device to operate in countdown mode.
Excluding the installation of an electrical circuit from a circuit that bypasses the meter.
Disconnecting the neutral conductor of the wiring from the terminal of the electrical appliance and connecting to it the structural elements of the building connected to the ground (fittings, water pipes).
The use of powerful magnets to slow down or stop electricity metering by influencing the meter mechanism.
The use of mechanical devices that slow down the rotation of the disk and lead to an underestimation of meter readings (only possible for outdated mechanical devices).

If the meter is of a mechanical type, then the operation of its parts is changed, reducing the teeth on the gear . The operation of older models can be stopped mechanically by various plates or wires.

Violators change the polarity of the connection so that the device rotates in the opposite direction. Also, to bypass the device, the phase input and output are shortened using a jumper, bypassing the counting mechanism.

Mechanical impact is especially important for disk electric meters, for example, a hole is drilled in the mechanism body in an inconspicuous place at the level of the disk. Then a match is inserted there so that the operation of the device slows down or the counter stops completely.

For illegal connection to the electrical network, the offender is responsible. In judicial practice, there are many successful claims against dishonest consumers, who are subject to a large fine.

Theft of electricity in an apartment building

There are many ways to steal electricity. Knowing them by sight and having a clear understanding of the nuances of their implementation, you can clearly imagine how to detect the theft of electricity.

The main “schemes” that allow unscrupulous owners to significantly reduce costs or not pay for electricity at all include:

The neutral wire from the circuit in which the electric meter is included is functionally replaced by grounded building structures, such as plumbing, fittings, etc.
Installation of a separate line connected to a branch in front of the meter, in order to exclude it from the circuit.
Replacement of “zero” and “phase” in front of the meter, which makes the meter work “in the opposite direction.”
The use of all kinds of devices and instruments in order to make the meter, again, work “in the opposite direction.”
The use of high-power magnets to act on the meter mechanism to slow down or completely stop metering electricity.
Mechanical impacts, especially relevant for disk counters that are still used in some places. For example, in the body of the device, in an inconspicuous place, at the level of the rotating disk, an inconspicuous hole is drilled into which a match is inserted, slowing down or stopping the operation of the counting device.

Also read: Theft under Article 158 of the Criminal Code of the Russian Federation: punishment, changes and comments

Theft of electricity in SNT

To answer the question of how to combat the theft of electricity in SNT, it is necessary to clarify the main features of electricity consumption in gardening non-profit partnerships.

The owner of the site is at the same time the owner of the electrical networks passing through its territory. This greatly facilitates his own access to distribution devices and lines to metering devices, but, as a result, makes it difficult for regulatory authorities to access them. Therefore, the access of the energy supply company’s controller to the owner’s metering devices is negotiated separately in the electricity supply agreement. Failure to provide access may result in a power outage.

But how can a representative of a gardening association check the electricity meter for theft? If special measures are not defined in the charter of the partnership, then it is very difficult to carry out an inspection, which is what dishonest gardeners take advantage of.

Neighbors have to pay for unscrupulous owners, since unaccounted electricity, the so-called “imbalance,” has to be distributed to all owners in order to cover the difference between the electricity recorded by the energy supply organization’s meter on the line going towards the partnership, and the amount of expenses for local metering. The main energy-consuming load in the village conditions there is electric heating and electricity consumption when performing repair and construction work (welding, concrete mixer, etc.). The methods of theft are the same as in apartment buildings, but especially “throwing” current collector rods with hooks onto the overhead line in front of the meter is common.

Theft of electricity in SNT

To answer the question of how to combat the theft of electricity in SNT, it is necessary to clarify the main features of electricity consumption in gardening non-profit partnerships.

Neighbors have to pay for unscrupulous owners, since unaccounted-for electricity, the so-called “imbalance,” has to be distributed to all owners in order to cover the difference between the electricity recorded by the meter of the energy supply organization on the line going towards the partnership, and the amount of expenses under local metering.

The main energy-consuming load in the village is electric heating and electricity consumption during repair and construction work (welding, concrete mixer, etc.). The methods of theft are the same as in apartment buildings, but especially “throwing” current collector rods with hooks onto the overhead line in front of the meter is common.

Methods for detecting electricity theft

There are two known approaches to detecting the theft of electricity, the presence of which can be detected directly or indirectly.
In the first case, specialists make a systematic assessment of the electricity consumption of a particular private user, followed by a comparison of the result obtained with the one recorded in fact. An indirect assessment reveals a discrepancy (imbalance) in the readings of a device common to an apartment building or garden plot and the sum of the readings of private electricity meters. Taking into account the known approaches in which electricity is stolen, the methods used in practice for its detection are usually divided into analytical and technical. Analytical (or indirect) methods of determining the fact of theft include the following actions:

systematic reconciliation of summary data on metering of individual users with the readings of common meters installed in the linear circuits of group consumers (apartment building, for example);
monitoring and identifying low electric meter readings that do not change over a long period of time, indicating the possibility of artificially lowering them;
use of systems for remote collection of ASKUE readings, which make it possible to detect discrepancies between meter readings and real consumption.

Technical methods for detecting electricity theft include:

presence of discrepancy between load consumption and electric meter readings using current clamps or a multimeter;
checking the correct connections according to the electrical diagram of the metering device;
monitoring of loads connected to public lines to ensure the absence of unauthorized consumers;
visual inspection of the meter contacts for the presence of bypass jumpers or changes in the order of connecting the phase and neutral conductors, as well as artificial braking of the disk of a mechanical device.

Important: During a visual inspection, special attention should be paid to the presence in the house of such auxiliary electrical equipment as step-down transformers, pull-up rods with hooks (for rural areas) and unaccounted for grounding lines.

All of the above actions make it possible to promptly find those responsible for theft of electricity and bring them to justice.

How to detect electricity theft

To understand how to detect the theft of electricity, you need to start from the fact that the theft of electricity can be determined by direct and indirect evidence. Direct evidence can be instant control in comparison with real facts, while indirect evidence can be an imbalance in the electricity readings of the general meter and the summed readings of all individual consumers.

We suggest you read: How and where to complain about a transport company, rules and deadlines

Measures taken against the theft of electricity are inextricably linked with determining the fact of theft of electricity and suppressing it. Given the variety of methods that dishonest consumers use to steal electricity, methods for detecting electricity theft can be divided into analytical and practical. Analytical (indirect) methods include the following:

Systematic reconciliation of the readings of general meters by directions, groups of consumers and loads with the total of individual consumers;
Identification of low readings that are almost the same from month to month - perhaps the consumer is stealing electricity, knowingly determining for himself the amount that he will pay;
When using the technology of remote collection of ASKUE readings, it is possible to identify discrepancies between the quantitative characteristics of the load and external factors. For example, there is no electricity consumption according to the meter, and the owner’s site is intensively illuminated.
Identification of discrepancies between the load being tested using current collectors or a multimeter and external factors. For example, current clamps record a large load, but the meter readings do not change.

Practical methods include:

Checking the connection diagram of metering devices;
Load control on common house lines and public lines - unauthorized connection of dishonest consumers to them is possible with a corresponding sharp increase in load;
Visual inspection of metering devices and lines suitable for them to eliminate bypass power supply lines, mutual replacement of phase wires with neutral wires and mechanical braking or stopping of metering devices;
When visually inspecting the consumer’s premises, pay attention to the presence of large electrical equipment, transformers, throw-on rods with hooks for throwing on overhead lines, additional grounding lines, as well as the condition of the sockets (when connecting the ground to the neutral wiring through the socket, one of the holes is larger than the other).

The listed measures will help to identify and prove the theft of electricity in general.

Considering that in Russia electricity is purchased not as a product, but as a service, its theft is not directly considered a criminal offense. The theft of electricity, no matter how depressing it is for those who pay for the offenses of others, is still included in the category of administrative offenses. And it is very difficult to prove this theft so that the fine for theft of electricity becomes a real deterrent.

The turning point in this confusing issue was the use of automated systems for commercial electricity metering - ASKUE, with the help of which, to the question of how to prove the theft of electricity, it became possible to provide not one, but several adequate answers at once.

ASKUE provides, first of all, unlimited possibilities for monitoring the balance of received and consumed electricity. Add to this the possibility of remote access to data and automation of information collection, and you get the notorious three pillars on which the solution to problems associated with the theft of electricity is based.

The use of external remote power sensors, complete with meters equipped with built-in radio modules, installed at the very beginning of the line extending towards the consumer, allows you to compare the power readings of the meter and directly in the line.

As a result, to accurately monitor electricity consumption, you need to log into your personal account on the website, click on two buttons and compare the readings. If the meter shows less power consumption compared to data from an external sensor, then it is clear that electricity is being stolen.

The use of such a system solves the issue of access to the owner’s territory - it is simply not needed. All data can be obtained remotely. In this case, the owner himself bears responsibility for the safety of the equipment installed on the territory.

Is there any criminal liability for electricity theft?

There are a number of circumstances that determine the type of liability for the guilty person. Criminal punishment also has its place, but it is applied only in exceptional situations, or rather in the presence of two factors:

the consumption of electricity was for selfish purposes or malicious intent;
the amount of damage caused is 250 thousand rubles or more.

The resource supplier or energy sales company has the right to file a complaint against the person at fault. Here it will be necessary to confirm the reality of fraudulent actions and determine how much resources were stolen during private consumption.

To detect theft, suppliers regularly check metering devices and, if they detect problems with the operation of this device, draw up a corresponding report.

Important! Further actions of the guilty person may vary. He has the right to challenge the issued act in court, or to pay the debt in full.

When drawing up the act, the amount of damage is taken into account. If it is 250 thousand rubles or exceeds this amount, then the case will be considered a criminal offense.

Actual penalties

If the fact of theft is determined, the consumer will be held accountable. Most often, we are talking about a fine under Art. 7.19 of the Code of Administrative Offenses of the Russian Federation for willful connection to the network may amount to:

individual – 15 thousand rubles;
officials - 80 thousand rubles;
legal entity – 200 thousand rubles.

For a criminal offense, punishment may include a large fine or imprisonment, forced labor, and administrative arrest for up to 30 days.

Administrative measures

For any amount of damage or theft, the offender will have to pay the debt to the electricity supply organization.
If there are no grounds to initiate an administrative or criminal case, a civil lawsuit will be brought against the violator. After the decision is made, the debt and penalties will be collected forcibly through the bailiffs. If the fact of unauthorized connection to electrical networks and communications is revealed, punishment will follow under Art. 7.19 Code of Administrative Offenses of the Russian Federation. Let us highlight the most important rules for bringing to administrative responsibility:

sanctions will follow for unauthorized connection, or for energy consumption without metering devices;
to apply enforcement measures under Art. 7.19 of the Code of Administrative Offenses of the Russian Federation, it does not matter how much damage was caused to the energy supplier (even if the violator, who unauthorizedly connected to the network, did not have time to actually receive electricity, he will still be punished);
damage or debt is not recovered within the framework of an administrative case, therefore a separate civil claim will be brought against the violator.

Answer according to Art. 7.19 of the Code of Administrative Offenses of the Russian Federation will apply to a private person or official, as well as an enterprise. Punishment is imposed in the form of a fine, which will range from 10 to 15 thousand rubles. (for citizens), from 30 to 80 thousand rubles. (for officials), from 100 to 200 thousand rubles. (for organizations). An additional sanction in the form of disqualification may be applied to officials.

Punishment under Art. 7.19 of the Code of Administrative Offenses of the Russian Federation will be assigned for each identified fact of violation. Even if an individual or enterprise has already paid a fine for unauthorized connection, if they violate it again, they will again be held accountable.

Punishment under the Code of Administrative Offenses of the Russian Federation is imposed only if no signs of a criminal offense are identified. We will tell you below about when the norm of the Criminal Code of the Russian Federation will be applied and what the penalties for theft of electricity are.

Devices that can illegally save on energy

There are many methods of fraud described on the Internet with descriptions of various devices and connection diagrams. Devices have appeared on sale that allow you to legally save on energy consumption. Sometimes these devices do not work at all and cost a lot of money. Underground technicians are telling customers that their appliances are designed to steal electricity.

Also read: What is the punishment for shoplifting, types of theft

The circuit provides for current selection, which is reproduced by powerful thyristors and monitors the oscillations of the network sinusoid. The capacitors are charged with current. Then it is sent back to the network and is generated by a sinusoidal voltage generator, which powers the turned on electrical appliances. This method will help slow down the action of the electric meter.

This seemingly inconspicuous method of fraud has a drawback - radio interference, which emits pulses for a short time. This interference can be very noticeable, so that for electricians, with special devices, distortions will be noticed within the boundaries of the transformer substation network.

In what cases is the electricity cut off?

The resource supply agreement was terminated by agreement of the parties.
The client violated the contract.
A debt has arisen for non-payment of electricity.
Unauthorized connection to the network.
Consumption is carried out without accounting.
Late payment.

Partial shutdown is assumed if industrial means are installed that limit energy consumption. In this case, the supplier is obliged to notify the client at least 15 calendar days before setting the restriction.

When the buyer has accumulated a debt for 3 billing periods, the supplier is obliged to notify the buyer 15 days in advance. The invoice must be paid on time.

Theft of energy resources by neighbors

Particular attention was paid to the situation when they suspected their own neighbors of fraud. What to do and how to get people to answer for their actions - this is the question that is most often asked to specialists when discussing this unpleasant topic. To counter such theft, there are special layouts, with unusual features and subtleties.

Before contacting suppliers, professionals recommend first attempting to talk to neighbors to verify events. It’s another matter when a citizen decides to call an electrician who examines the switching point and notices a precedent for fraud.

The following actions will need to be taken:

write an appeal to the management company with your wishes;
after the arrival of a representative of the energy company, together with him sign a report on the presence of theft, and also record the confirmation of eyewitnesses. It is necessary to ask all involved persons to sign the drawn up act;
Once these manipulations are completed, you can go to court and the prosecutor’s office to restore violated rights and freedoms.

How to avoid punishment for stealing electrical resources

If the guilty person understands the wrongness of his own actions, then he:

compensates for damage in full after a criminal case has been initiated;
undertakes not to perform such actions again.

If the parties agree to a settlement, the case can be closed after reconciliation between the parties.

The law provides for reconciliation of the parties from the victim; if there is no consent to this, the court case is conducted on a single basis. In practice, the supplier usually accommodates consumers halfway if the debts are repaid and there are no objections to the termination of the criminal case by other persons.

Currently, the Russian Duma is considering a bill that proposes to tighten sanctions for wasting light energy. This plan involves limiting a person's will for six years. If the law on the theft of electricity is adopted, then the culprit will face a large fine of up to 500 thousand or forced labor for committing a crime.

Combating electricity theft

Knowing how to detect facts of electricity theft in apartment buildings and gardening communities, it becomes easier to imagine what measures should be taken to combat theft.

Methods to combat electricity theft

An effective fight against electricity theft is based on two main components: systematic control and timely detection of thefts. Let's look at the simplest ways to combat theft.

Regular bypass of the route, allowing for visual inspection of connections and meter readings. However, the involvement of linemen is fraught with the human factor - the employee may not notice the bypass additional line or mistakenly underestimate the electricity consumption readings when removing. These risks can be eliminated using remote meter reading systems.
Sealing of meters with conventional or magnetic seals. Unfortunately, practice shows that this technique can be smashed to smithereens just like the counter itself. The owner breaks the meter with all its seals, consumes electricity in unlimited quantities until the inspector arrives, and then claims that until the last moment everything was fine with the meter. When monitoring power directly at the input with a data archive, such manipulations with the counter become useless.
Monitoring the meter connection diagram for phase-to-zero compliance at the input, as well as searching for powerful transformers and other devices that force the meter to count “in the other direction.” However, with the possibility of instant metering of power consumption, coupled with its active and reactive components, direct control becomes unnecessary.

Combating electricity theft using ASKUE

The energy efficiency of remote readings collection technology is determined by several basic components, namely the presence of a sufficiently large range, the cheapest possible dispatch, ease of building a network architecture with the ability to easily connect new devices and, of course, reliability and noise immunity.

Meters with a built-in radio module will accurately and timely transmit data from each electricity metering point. And if you have old-style meters, it is possible to install an external modem that will transmit readings directly to the base station - without wires or hubs. Using a convenient interface, the management company will be able to monitor readings for each metering point and for the connection as a whole.

The question of how to prove the theft of electricity disappears by itself due to the presence of a database that reflects the volumes of electricity consumed both as a whole for the connection and separately for each consumer. If necessary, you can use data from external sensors installed on branches to consumers.

Also read: What is the punishment under the article if the theft is committed by a minor

The cornerstone in the fight against thefts of public and private energy resources is that when using ASKUE it is completely transparent to determine how much electricity was received from the network to supply power to an apartment building or gardening partnership, and to which areas or owners it was distributed. Thanks to automation By collecting readings, there is no possibility of under-metering of electricity or concealing part of the consumed power by preventing the owner of the management company from accessing the meter.

Control over each metering point via the Internet

The ability to constantly remotely monitor energy consumption is provided by the STRIZH web interface. Using a personal account, representatives of the management company can monitor the distribution of received power online and control its consumption with the possibility of remote shutdown.

Prevention of electricity theft

In the modern world of high technology and 4G Internet networks, there is no doubt about the effectiveness and economic feasibility of using remote control systems to combat the theft of electricity and its economical use.

By installing STRIZH equipment, the management company gets the opportunity to clearly control and account for consumed energy resources, complete with simple and convenient access to the database.

The fight against electricity theft has become an unbearable burden for consumers

The monopolist PJSC Lenenergo continues a large-scale campaign against those without contracts, issuing thousands and millions of bills for electricity. St. Petersburg power engineers operate within the framework of the law - in accordance with the norms of the Government of the Russian Federation No. 4421, which entered into force in June 2012, and business representatives are not ready to incur costs comparable to the company's turnover for the same period.

Why have legislative requirements aimed at combating electricity theft placed an unbearable burden on the shoulders of conscientious consumers? How can owners/tenants of non-residential premises protect their interests? Does it make sense to sue Lenenergo so as not to overpay for electricity?

The road to court is paved with good intentions

The project was initially aimed at suppressing cases of illegal connection to networks and theft of electricity. As the goal and objectives of the resolution, the developers indicated improving electricity pricing and payment discipline, increasing the transparency of payments, and ensuring a balance of interests of electricity industry entities and consumers2.

However, in practice, not only violators with intent turned out to be “outside the law,” but also owners of non-residential premises who in good faith pay for electricity under an agreement with the management company, tenants of city-owned real estate, Internet providers, companies that, due to objective reasons, are not able to conclude agreement with Lenenergo, and even entrepreneurs whose facilities are on an autonomous power supply.

At the time of the release of Resolution No. 442, more than 15 thousand business representatives in St. Petersburg were transferred to the payment system by cable section. According to data published on the Lenenergo website, since the beginning of 2021, 587 cases of non-contractual electricity consumption by telecommunications facilities in apartment buildings in the city, owned by 21 providers, have been identified. The cost of stolen electricity amounted to more than 371 million rubles.

Those without a contract, who want to quickly process technological connection documents and pay according to the meter, note that representatives of the guaranteeing organization and the network organization are not interested in formalizing the relationship, artificially delay the signing of contracts, demand the fulfillment of excessive technical conditions, and under various pretexts postpone visits to seal metering devices. As a result, the amount of debt calculated over the entire period of non-contractual consumption, including the period of delay in signing documents, increases.

The consumption calculated based on the cable cross-section (clause 2 of Appendix No. 3 of PP No. 442) is tens of times higher than the real one, as it is calculated based on the maximum permissible current load of the input wire and round-the-clock daily consumption. The amounts are often comparable to the turnover of small and medium-sized companies for the same period. If the consumer does not agree to voluntarily pay for the entire period of non-contractual consumption, the debt is collected through the court. From 2016 to 2021, Lenenergo filed 106 claims to recover the cost of non-contractual electricity consumption for a total amount of 182.6 million rubles.

The courts side with the monopolist

As established judicial practice shows, in order to recover from the non-contractor compensation calculated according to Resolution No. 442, i.e. by default, based on round-the-clock daily consumption, two conditions are sufficient: the presence of an input cable and the absence of a technological connection or the fact of power supply. Other circumstances are often not accepted by the courts as being of decisive importance.

Thus, the courts of three instances considered the evidence of the electricity consumer and the arguments that the act on non-contractual consumption was drawn up with violations3 to be insufficient.

Invoice in the amount of RUB 1,096,393. Based on the results of an inspection of a shoe store, she charged entrepreneur Simarev for non-contractual consumption of electricity in the period from September 26, 2012 to October 23, 2014 (from the moment of registration of ownership until the date of inspection). In order to forcefully collect the debt, the guaranteeing supplier went to court. After the courts of first and appellate instances fully satisfied the claim, the entrepreneur filed a cassation appeal in which he asked to cancel the decisions taken.

To substantiate his position, Simarev pointed out that the act on non-contractual consumption was drawn up with violations. In particular, it was signed by an unauthorized person - citizen Medvedev, who was not a representative of the entrepreneur and was not in civil legal relations with him. The amount of unjust enrichment was calculated incorrectly and significantly overestimated: at the time of inspection, the cross-section of the input cable was 5x1.5 square meters. mm, while representatives of Lenenergo used a section of 15x10 square meters for the calculation. mm.

In addition, the entrepreneur stated that he rented out the premises in 2014, paid for electricity under an agreement with the management company, but most of the time during the disputed period the non-residential premises were de-energized. To prove this fact, the entrepreneur presented a certificate from the Zhilkomservice No. 2 organization.

The court found the entrepreneur's arguments unconvincing and the evidence insufficient and rejected the complaint. The cassation agreed with the conclusions of the lower courts that the lack of power supply to the facility is not confirmed only by a certificate from Zhilkomservice No. 2 LLC, and the consumer did not provide information about the application and presence of a seal from a network organization or a guaranteed supplier at the time of inspection.

The court recognized citizen Medvedev as an authorized signatory, since his signatures on behalf of Simarev, in addition to the act on non-contractual consumption, are also available in other documents: an application for concluding an energy supply agreement dated January 29, 2013 and an application for concluding an agreement on technological connection with Lenenergo dated June 27, 2014. The act also states that entrepreneur Simarev was personally in the premises at the time of the inspection. The court recognized the calculation of the amount of compensation presented by the network company as correct.

In another case4, the court considered inadmissible the arguments and evidence of an entrepreneur indicating that the trade pavilion was independently powered by a gasoline generator installed on the premises.

achieved the recovery of RUB 2,225,499. from entrepreneur Sedrakyan for non-contractual electricity consumption and 423,814 rubles. interest for the use of other people's funds during the period of overdue debt repayment. The court did not accept as adequate evidence of the absence of power to the premises during the disputed period, the information letter issued to the entrepreneur by the management company ZhKS No. 1, which confirmed the absence of actual electricity consumption. The court explained that the authority to record the presence/absence of electricity consumption at the disputed facility belongs exclusively to the energy supply company, but does not have such status, and the presented information letter is not a document, the preparation of which is provided for by the main provisions of Resolution No. 442.

What should the consumer do to avoid overpaying for electricity, and is there any point in suing Lenenergo?

The owner (tenant) has the opportunity to achieve a recalculation and even a complete challenge of the accrued amount.
Reducing the amount of debt in a pre-trial manner
In a pre-trial procedure, you can achieve a deferment and/or reduce the amount of debt for non-contractual consumption, taking into account the real operating mode of the premises. Network organizations do not take this factor into account when calculating fees, considering consumption on a 24/7 schedule, if the operating mode at the time of drawing up the report is not documented.

PJSC "Lenenergo" together with PSK and LLC "PetroEnergoControl" organized the work of a recalculation commission, where entrepreneurs can apply and provide evidence of the real consumption regime or the lack of power of the premises during the disputed period. This could be orders about operating hours, photo signs indicating operating hours, information from the Internet, properly executed certificates from the management company.

However, it should be taken into account that, according to the content of the Basic Provisions of Resolution No. 442, the network organization is not obliged to take into account the operating mode of the facilities. Therefore, if problems arise when revising the amount of the contract debt or when independently checking the correctness of the calculation, it is better to seek professional help.

Let's go to court

If the problem cannot be resolved through negotiations, you need to apply to the arbitration court. When defending your rights, it is better to start from the rules for drawing up an act on unaccounted consumption of electrical energy. So, if the network organization did not comply with the procedure for properly notifying the subscriber, the act was signed by an unauthorized person, the calculation was made for a period of more than a year and extends to the time before the previous inspection (or the date when it should have been carried out), such a document is invalid and cannot serve as the basis for collecting fees for non-contractual electricity consumption in the accrued amount.

Despite the fact that the practice is not in favor of the non-contractual consumer, particularly persistent entrepreneurs acting through a professional representative manage to force the network company to sign an agreement, as well as get rid of the unfairly calculated debt. This is confirmed by arbitration practice in disputes with Lenenergo.

The organization managed to force Lenenergo to conclude an agreement in a situation where it was delaying the execution of the connection agreement, and in court it tried to shift responsibility to the consumer.

In a decision5 dated October 8, 2015, the Arbitration Court of St. Petersburg and the Leningrad Region indicated that Lenenergo is obliged to fulfill its obligations under the technological connection agreement within six months. The supplier of last resort filed an appeal demanding that the decision be overturned. To substantiate the position, Lenenergo indicated that the subscriber did not complete the work to create the necessary technical conditions: did not prepare the electrical installation, did not agree on the connection diagram and procedure, and therefore the guaranteeing supplier did not have the technical capabilities to provide the service of connecting to the electrical grid.

The Court of Appeal found Lenenergo's arguments untenable, finding that the supplier did not fulfill the necessary measures under the contract: did not install a new cable kiosk, did not lay a cable line of the required voltage.

The decision of the court of first instance regarding the collection of compensation amounts was left unchanged. The deadline for fulfilling technical conditions has been extended until December 31, 2021 due to Lenenergo’s statement about the lack of funding.

The consumer defended his rights in a situation where Lenenergo issued a million-dollar bill for non-contractual consumption in connection with a change of tenant of non-residential real estate.

conducted an inspection of non-residential premises leased by Electronic Trading and Security JSC and filed a claim for the recovery of RUB 2,395,433. for non-contractual consumption of electricity in the period from April 6, 2012 to August 19, 2014 (from the date of conclusion of the lease agreement to the date of conclusion of the electricity supply agreement), as well as RUB 349,333. interest for the use of other people's funds.

The courts of three instances refused to satisfy Lenenergo's demands. At the same time, the appeal ruling6 states that the termination of the energy supply contract with the previous tenant is not decisive, since the supplier of last resort and the consumer did not stop fulfilling their obligations to transfer electricity to the previous delivery points and actually continued their energy supply relationship.

The Court of Cassation indicated7 that it took the necessary measures in a timely manner in order to draw up a new contract, and the reasons for the delay in signing the document were related to the inaction of the guaranteeing supplier and the network organization. The latter, in particular, executed an act of technological connection at the request of the new tenant dated March 15, 2013 only a year and three months later - June 6, 2014. The courts also noted that the audit, during which Lenenergo identified non-contractual electricity consumption, was carried out after the defendant’s application for concluding an energy supply agreement was submitted.

The entrepreneur considered the act drawn up in his absence to be illegal, the invoice presented to him to be unfair and got the claim rejected at the second round of instances.

Lenenergo filed a lawsuit against citizen Rubakhin for non-contractual consumption of electricity in the period from June 15, 2013 to March 11, 2014. The amount of debt calculated by the network organization based on the cross-section of the input cable amounted to 1,924,222 rubles. Additionally, the plaintiff asked to recover from the defendant interest for the use of other people's funds for the period of delay in fulfilling obligations in the amount of 69,672 rubles.

Rubakhin did not admit the claim, explaining that before the act of technological connection with Lenenergo was drawn up, the premises were connected to the networks of the manager, Main Switchboard-2 of the residential building, but the premises were de-energized. In addition, on January 31, 2014, the entrepreneur sent documents and an application for concluding an electricity supply agreement. The act of unaccounted consumption itself was drawn up with violations: in particular, it was signed by an unauthorized person - a representative of the management company.

The court did not accept the arguments and evidence of the defendant’s absence of guilt, fully satisfying Lenenergo’s claim8. The entrepreneur filed an appeal, but the court of the next instance also sided with Lenenergo9.

Rubakhin filed a complaint with the district court. The Court of Cassation overturned10 the decisions of the lower authorities and sent the case for a new trial. The resolution states that the courts did not fully evaluate Rubakhin's evidence and arguments. In particular, the courts did not take into account that the disputed premises are in the area of responsibility of the management company, and not the network organization, therefore the conclusions of the courts that the only proper evidence of the absence of electricity consumption is the seal of the network organization are incorrect. The courts need to evaluate the act (certificate) from the Criminal Code. The courts unfairly did not take into account the timely actions of the entrepreneur aimed at concluding an electricity supply agreement with the network organization, which was concluded with a delay for reasons beyond his control only on July 27, 2014. The Court of Cassation decided to consider the issue of calling witness A. Shulga, who signed the act on non-contractual consumption as a representative of Rubakhin.

Particularly noteworthy is the decision of the 11th court, which again satisfied the demands of Lenenergo, indicating that the management company had not approved the tariff for the transmission of electricity, therefore, during the declared period it was neither an energy supply nor a network organization and has no right to draw conclusions about the presence or absence of electricity supply according to paragraph 4 of the Rules of Resolution No. 442. Regarding the powers of the signatory, the court explained: “Shulga did not prove herself to be a person who is not the owner of the premises or his representative.”

Rubakhin appealed again and won the dispute. The court considered the fact of non-contractual consumption unproven. In particular, the court indicated12 that the act was drawn up in the absence of the consumer; the keys to A. Shulga were handed over to the developer. The signatory did not know that the premises had an owner and signed for the meter readings, while the first page of the act remained blank.

Thus, despite the contradictory jurisprudence, I highly appreciate the judicial prospects for claims regarding non-contractual electricity consumption.

1 Decree of the Government of the Russian Federation dated May 4, 2012 No. 442 (as amended on December 30, 2021) “On the functioning of retail electricity markets, complete and (or) partial restrictions on the consumption of electrical energy” (text - Decree No. 442) .

2 Review of Decree No. 442.

3 Resolution of the Arbitration Court of the North-Western District dated April 25, 2021 in case No. A56-36240/2016.

4 Decision of the Arbitration Court of St. Petersburg and Leningrad Region dated September 8, 2021 in case No. A56-31310/2017.

5 Resolution 13 of the AAS of March 4, 2021 in case No. A56-36957/2015.

6 Resolution 13 of the AAS dated August 1, 2021 in case No. A56-71173/2016.

7 Resolution of the Arbitration Court of the North-Western District dated January 10, 2021 in case No. A56-71173/2016.

8 Decision of the Arbitration Court of St. Petersburg and Leningrad Region dated June 23, 2015 in case No. A56-22352/2015.

9 Resolution 13 of the AAS dated September 30, 2015 in case No. A56-22352/2015.

10 Resolution of the Arbitration Court of the North-Western District of December 22, 2015 in case No. A56-22352/2015.

11 Decision of September 8, 2021 in case No. A56-22352/2015.

12 Resolution 13 of the AAC dated November 28, 2021 in case No. A56-22352/2015.

Where to contact if you discover electricity theft

Unfortunately, the degree of irresponsibility and selfishness of people who steal electricity sometimes reaches its apogee. The fact is that the practice of such illegal acts is full of cases where the victim is not a service provider, but an ordinary individual, an ordinary citizen, a neighbor. And sometimes the victim does not even suspect that he is “sponsoring” another person, paying for the resources he consumes.

It's really hard to notice, but it's quite possible:

If you notice that the amount required for payment has become different from what was previously established, you should identify the reason. First of all, check all electrical appliances for correct operation and calculate (approximately) what the amount should be, based on the amount of resources you consume. If you notice any obvious discrepancies, contact your service provider immediately to report possible theft.
In response to your application, the energy sales company will send a specialist who will carry out the inspection.
If there is an unauthorized connection to your network, a specialist will definitely detect this and indicate this fact in the inspection report.
If the culprit is identified, then this conclusion and statement should be filed with the court; if the thief cannot be identified, then a statement should be filed with the police.

Electricity theft detection

There are two ways to detect the theft of electricity:

Directly . Specialists systematically assess a person’s electricity consumption and then compare the result with what is actually recorded.
Indirectly . A discrepancy is detected in the readings of the electrical appliance and the sum of the meter readings.

Detection of extraneous connections to the network is carried out by employees in a simple way. The specialist turns off the power from the entire house using an input circuit breaker. With a normal connection, there will be no voltage at the power outlets.

Next, measuring work is carried out using an indicator screwdriver. If a powered conductor is discovered when the machine is turned off, the fact of theft will be established, for which a huge fine may be imposed.

Knowing about the methods of stealing electricity, detection techniques are divided into technical and analytical.

Technical methods include:

monitoring loads on public lines and the absence of unregistered consumers in them;
checking the correct connections of the metering device according to the electrical diagram;
consumption discrepancy in meter readings using a multimeter or current clamps;
examination of the device contacts for the presence of jumpers, artificial braking of the disk or changes in the phase and neutral connections.

During the visual inspection, attention should be paid to unaccounted for ground lines and the presence of auxiliary electrical equipment, such as hook rods or step-down transformers.

Also visually there should be no extra wires . With a standard connection, only 4 wires lead to the electric meter - 2 phase and 2 neutral conductors.

Analytical methods for determining theft include the following actions:

identifying and tracking low meter readings that do not change over time, which indicates the likelihood of them being artificially low;
systematic reconciliation of the total data of individual users with the readings of general electricity meters;
the use of systems for remote collection of readings by an automatic control system, which makes it possible to detect discrepancies between meter readings and real consumption.

All these actions make it possible to timely and effectively detect violators and those responsible for theft of electricity and bring them to justice.

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.

Which standards to refer to?

In your application, refer to the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation for the articles that we talked about in our article (7.19 of the Code of Administrative Offenses of the Russian Federation and 165 of the Criminal Code of the Russian Federation) with clarification of the main provisions.

To make a decision to initiate a criminal case, it is necessary to indicate the signs of a crime, namely: the presence of deception, group theft by conspiracy.

We invite you to familiarize yourself with the features of theft as the secret theft of someone else's property (under Article 158 of the Criminal Code of the Russian Federation), with its qualifying features, the threat of liability and the differences between theft from robbery, robbery and discovery. Read about what to do if your phone, bicycle, documents or money are stolen, how to draw up and submit a statement to the police in this case, and how the statute of limitations for theft is determined. Unauthorized connection to power lines, as you already understand, illegal. The punishment for this is not too severe, but most often it does not come to this - all issues are resolved peacefully and it may not even come to the point of reporting to the police. All losses will be returned to you, the main thing is to stand your ground and prove, together with the company supplying electricity, that the attacker is really stealing electricity.

How is electricity theft detected?

Both the apartment owners themselves (if their neighbors steal) and the electricity network workers can detect the theft of electricity. In the latter case, direct and indirect methods are taken into account:

instant control with technical devices, comparison of actual consumption and controller readings;
the general balance of the common house meter and the readings of individual devices, which are compared and analyzed;
detection of a stopping device in place or changing the installed seal in the form of mechanical protection or anti-magnetic sticker, which does not require additional evidence, except for the intentional installation of these mechanisms for hooligan or other reasons;
identification of equivalent monthly readings, which indicates possible unauthorized use of electricity and the payment limit set for the consumer;
when collecting readings remotely, it is established that the load does not correspond to quantitative characteristics (for example, the entire area is illuminated around the clock, and payment is received for 200 kW per month, which is confirmed by meter readings);
checking with current collectors, which show a large load when the user’s electricity meter is inactive (for example, the meter does not show the operation of electrical appliances that are fully functioning in the apartment);
violation of the device connection diagram bypassing the meter (in the private sector this happens on the roof through a “gander” or by grounding through a homemade structure);
external signs - the inclusion of ground in the socket (one hole is larger), the presence of large equipment and transformers in the house, detection of captive rods with hooks for wires, etc.

Note!
You can independently detect the theft of electricity by detecting extra wires to a neighboring apartment, a broken seal on an appliance, or excessive power consumption.

In any situation, it is important to take into account safety precautions and invite an experienced electrician to check, since any incorrect action can lead to death, fire and other tragedies.