Unaccounted for electricity consumption is called its use without an appropriate metering device or interference with its operation. The latter can be either unintentional or intentional.
In addition, unaccounted for electricity consumption is called non-observance of the deadlines set for informing the service company by the user about the failure of the meter.
In practice, many consumers attempt to intervene in the operation of the meter to reduce the amount of paid electric energy. Illegal actions of users include laying “hidden wiring”, connecting to the network to the meter, “drafts” on power lines, etc.
The legislative framework
The main regulatory documents governing the sale (supply) of electric energy should include OPFRE (Provisions for the Functioning of Retail Electricity Markets), approved by Government Decree No. 442, and the "Rules for the provision of utilities to users and owners of premises in apartment buildings and residential buildings", approved by Government Ordinance No. 354.
In accordance with these documents, the consumption of electricity is called the use of it to meet domestic needs. The relationship between the network company (supplier) and the user (consumer) is based solely on the contract.
It is worth saying that a written agreement may not be drawn up, because it is public. However, delivery conditions must be respected.
According to the provisions of the functioning of retail markets, electricity used by consumers is payable. Its volume is accurately calculated. For the calculation, the meter is used - an electric meter.
Features of the use of devices
Counters must be operational. Normative and technical documents establish the timing of verification. They should not be skipped. Seals for electricity meters are installed by employees of the grid company.
In the event of a violation of their integrity, malfunction of the device itself, missing the verification period, the indicators will not be taken into account. Repair, replacement, calibration of devices is carried out by the owners of apartments or the management companies of apartment buildings.
If the meter is damaged or missing, the use of electricity is considered illegal.
Unaccounted electricity consumption
Such a violation is established during inspections. Authorized employees of the network company are required to conduct them periodically. If during the inspection damage to the device or its absence is detected, an act of violation is drawn up. Based on it, sanctions are applied to the guilty person.
Payment
First of all, according to the results of the audit, an amount will be recovered for the estimated amount of energy consumed. The calculation is carried out in the manner prescribed by Decree No. 354. A formula is used whose elements are the total maximum power of electrical appliances installed in the room and the time period during which the illegal consumption was made.
Verifiers will assume that all devices have worked during this period. The term is limited by the dates of the last verification and detection of violations.
It is worth saying that from January 1, 2017, a supplier can use tenfold consumption standards for calculating arrears for unaccounted electricity consumption by an individual .
Nuances of calculation
If the employees of the network company did not check the status of the meter for a long time (more than six months), then they can invoice only for 3 months. In this case, the total maximum power of all electrical appliances in the room will be multiplied by 2160 hours. The term for payment of electricity upon detection of such a violation is 10 days. If the debt is not paid on time, the penalty will be charged.
Documenting
The drawing up of an act on unaccounted electricity consumption is the duty of the inspectors who have identified violations. Only on the basis of this document can a consumer be billed. The act must contain information about:
- The location of the meter.
- Subscriber.
- A violation committed by the user (for example, there is no seal for the electricity meter , the device is damaged, etc.).
- The date of the previous verification.
The act also provides consumer explanations and comments (if any).
Important point
Paperwork must be carried out in the presence of the owner (owner, tenant) of the premises. He should sign the act. The homeowner has the right to refuse to sign the document. In this case, the inspectors draw up an act of refusal in the presence of 2 witnesses.
Unconditional use
By it is meant an unauthorized connection to power networks . If this violation is detected, the calculation of the volume that has been consumed is determined by multiplying the maximum cable throughput by the time of illegal use of electrical energy.
In this case, it will be considered that power was supplied for 24 hours every day. The period of illegal connection is limited by the dates of the last verification and detection of a violation.
The time period for which the network company can invoice the user (in the absence of checks for a long period) with unaccounted for and unconditional energy consumption differ significantly. In the first case, as mentioned above, the calculation can be made only for 3 months, and in the second - for the last 3 years.
Calculation Example
To determine the consumption, multiply: voltage, maximum wire load, consumption period and power factor (0.9). Consider the calculation by example. Take the following indicators:
- wire load - 50 amperes;
- violation period - 720 hours (month);
- voltage - 220 V.
Using the formula, we get:
50 x 720 x 220 x 0.9 = 7 128 000 W / h or 7 128 kW / h.
Now you need to multiply the result by the cost of 1 kW / h. The amount for unauthorized connection to the power grid will be significant.
Caution for users
In Decree No. 442, unaccounted-for electricity consumption and its non-contractual use are considered separately, since these are two different violations. In the second case, the consumer will pay a larger amount than in the first.
It must be said that unscrupulous companies are trying to recover the debt not for unaccounted for, but for non-contractual consumption, without any reason for it. Users should be careful when checking violations.
Responsibility
In the case of unaccounted consumption of electric energy , civil action can be applied to the perpetrator. We have already talked about them - this is debt collection and forfeiting.
Meanwhile, the line between misconduct and a felony is rather thin. The guilty person can be prosecuted under the Criminal Code if the damage caused by his actions exceeds 250 thousand rubles.
In such a situation, the provisions of Part 1 of the 165th article of the Criminal Code will be applied. In accordance with the norm, a fine for unaccounted for electricity consumption can reach 300 thousand rubles.
Administrative punishment
For non-contractual use of electric energy, sanctions are provided for in art. 7.19 Administrative Code of the Russian Federation. Normally established monetary penalties for:
- citizens - 10-15 thousand rubles;
- officials - 30-80 thousand rubles;
- legal entities - 100-200 thousand rubles
Under officials in the context of Art. 7.19 of the Administrative Code of the Russian Federation it is necessary to understand Ch. an engineer and the head of a supplier company, an electrician who has illegally connected to networks. The measure of responsibility of these persons is higher due to their official position.
Non-profit (including GSK, HOA, SNT, etc.) and commercial organizations can be legal entities brought to administrative responsibility. provisions of Art. 7.19 apply to persons who arbitrarily connected to the heating system, gas or oil pipeline.
Other consequences
Criminal and administrative punishment does not exclude civil consequences for the perpetrator. They are liable for damages incurred by the network company. You need to pay for the energy consumed.
It should be noted that compensation for non-pecuniary damage in the event the consumer assumes the violations discussed above is not provided. The fact is that damage is caused to the enterprise - legal entity.
Additional documents
The protocol on administrative misconduct acts as the basis for imposing sanctions on the Code of Administrative Offenses. An act drawn up by an inspection officer must be attached to the protocol. In addition to this document, the inspector can draw up a diagram, take photographs of objects to confirm the fact of neglected use of electricity. In the case of unauthorized connection after verification, the wiring will be disconnected from the network.
How not to become an intruder?
It is not uncommon for a consumer to accidentally find out that he is illegally using electricity. In judicial practice, there are many examples where the proceedings were terminated due to the absence of an administrative offense in the actions of a person.
For example, an apartment, plot or house in SNT was purchased with an existing illegal connection, which the buyer did not know about. The bona fide purchaser in such cases is exempted from liability. However, disconnection will in any case be made.
The possibility of becoming a violator is also associated with a message about a breakdown in the counter. As a rule, information about a malfunction is transmitted to the network company by telephone. The supplier may perceive it not as a request for eliminating the breakdown, but as a reason for conducting an inspection to identify unaccounted consumption.
In order not to be a violator, you must:
- Keep all receipts of payment for the last year (if they come in paper form).
- Notify the supplier in writing of all breakdowns, damage, etc. in a timely manner. The application should indicate all subscriber data. Be sure to make sure that the appeal is properly registered.
- When acquiring an immovable object in the secondary market, it is necessary to check for illegal connections. It is important to ensure that the wiring is disconnected and dismantled prior to the conclusion of the sales contract.
If, nevertheless, an act was drawn up based on the results of the audit, then you can try to challenge it in court. However, for this you will have to resort to the help of a qualified lawyer.
Features of the calculation for legal entities
For organizations, the determination of unaccounted volume is carried out in accordance with the first paragraph of Appendix 3 to the OPFRE. The maximum power and the number of hours of unaccounted use are taken into account.
The period is calculated from the moment of the last check of accounting devices. Moreover, its total duration should not be more than a year. If the audit was not carried out within the planned period, the period shall be determined from the date no later than which the network company should conduct the inspection.