Theft of electricity: act, what will happen for theft of electricity, fines

Cases of unauthorized consumption of electricity by private owners and officials are becoming increasingly common. This is due to the large flow of information in the media, as well as the open sale of various technical means that make it possible to stop meters and illegally use the provided resources.

Previously, meters were installed door-to-door, which made it possible to discreetly use common resources illegally. Now metering devices are installed in entrances. An unauthorized connection to the network is displayed on a common household device, and neighbors can easily initiate an investigation into the theft of electricity, not wanting to pay for other people’s expenses from their budget.

Cases of spontaneous connection to the power grid require careful inspection and legal action on the part of the affected person. In this situation, you can contact competent lawyers who will help you draw up a claim, statement and conduct a background check.

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.

The most common methods of theft

The most common methods of theft of energy resources by unscrupulous homeowners have long been known and well studied. The main ones are:

• replacing the “zero” in the electrical circuit with the meter with grounded communications, sewer pipes or fittings;
• swapping “zero” and phase, in this case the counter will rewind the readings back;
• creation of a third-party electrical line that bypasses the electric meter excluded from the circuit;
• the use of technical devices that facilitate the operation of the meter in the opposite direction;
• the use of powerful magnets to stop or slow down the calculation of the amount of energy consumed;
• applying a physical action to the disk (applicable for disk electricity meters).

Responsibility: what will happen?

In Russia, the damage from the non-contractual use of electricity amounts to several billion rubles per year. The legislation provides for several measures for unauthorized waste of electrical resources - from fines to imprisonment for up to 5 years.

When theft of electricity is detected in the private sector or on an industrial scale, a report is drawn up that determines the material amount of damage. It is the size of the damage caused that affects the degree of liability:

• Administrative and legal responsibility is regulated by Art. 7.19 of the Code of Administrative Offenses of the Russian Federation and provides for the following penalties:
• fine up to 15 thousand rubles. for citizens;
• fine up to 80 thousand rubles. against an official or his disqualification for up to 2 years;
• fine up to 200 thousand rubles. for legal entities;

• fine up to 300 thousand rubles;
• forced labor;
• imprisonment for up to 5 years.

A criminal case is initiated if electricity is stolen again or the total amount of damage is more than 250 thousand rubles, which entails more serious penalties, including imprisonment.

Note!

The executive body is obliged to notify the subscriber in writing of the debt, in case of non-payment of which the power supply will be turned off within 30 days (RF RF dated 05/06/2011 No. 354). In the event of an unreasonable shutdown of electricity by an official, the latter is liable in accordance with Art. 215.1 of the Criminal Code of the Russian Federation and 7.23 of the Code of Administrative Offenses of the Russian Federation.

The law is harsh

As of January 1, 2021, the moratorium on power outages and the accrual of penalties for late payments ceased to apply. Let us remember that the relaxations introduced a year earlier were related to the pandemic. This does not mean that all debts were forgiven in 2021, but defaulters did not risk being left without electricity.

Now the conditions return to the original ones, which means that:

• Penalties will be charged for late payment.
• If payments are delayed for a long time, electricity supply may be suspended or terminated.
• In order for the light to return, you will have to pay a certain amount, and this will not happen immediately, but only within two days.

Electricity Theft Act

Any verification requires documentary evidence. If illegal use of electricity is detected, the inspection structures draw up an act in 3 copies, in which the owner has the right to express disagreement and make claims. The act on unaccounted consumption of electrical resources is drawn up on the basis of the Russian Federation Regulations dated May 4, 2012 No. 442 by the following market entities:

• energy sales at the consumer's point of service;
• network organization.

These organizations have the right to verify compliance with the terms of a previously concluded agreement, which defines the procedure for accounting for supplied electricity. Upon detection of theft, an act is drawn up, on the basis of which the damage is calculated and further actions are taken for administrative or criminal penalties.

The document must be drawn up without errors in the proper form:

• information about the metering device;
• consumer data;
• place of determination of unaccounted electricity consumption;
• special attention should be paid to the method of theft - the connection diagram has been changed, the technical operation of the metering device has been disrupted, traces of opening and restoration of the seal have been found, the color of the magnetic seal has been changed, etc., which cannot have a dual interpretation in court proceedings;
• description of the meter at the time of its inspection;
• date of previous inspection and instrument readings;
• explanations of the consumer regarding the established violation;
• agreement/disagreement with detected violations;
• date and signature of the official and subscriber.

Note!

The act is the only document confirming the unmetered use of electricity. There is no provision for appealing it in legislative acts, since the document does not create legal consequences.

What points should you pay attention to?

What matters during the proceedings and what you should pay special attention to:

• the last meter readings at the time of drawing up the act and upon payment, which will become evidence of theft in court when connecting electricity after its official shutdown;
• technical measures carried out before the inspection - moving the device to another place (there is a confirming statement in the Distribution Zone), changing the seal by electricians, etc., which excludes accusations of unauthorized damage to the device;
• information about the repayment of a previously established debt or its non-payment - checks, receipts, transfers, etc.

In controversial situations, only an experienced lawyer can help, who will prove the illegality of the inspection, the unfoundedness of the claims made, and help confirm the accident or coincidence of circumstances that resulted in the violations established in the act. For example, the data was taken on a phone, from the flash of which the mechanism of the anti-magnetic seal reacted. There was no theft, but the seal changed its color, which can only be proven by professional lawyers. A similar situation may concern repair work, when a seal was broken by mistake, a long absence of the owner, which caused low energy consumption, etc.

Energy audit and expert verification are the best way out

In the absence of knowledge, it is best to entrust this to professionals. A professional electrician, coming to an apartment building or private house, will be able to quickly detect the theft of electricity. You can find such professionals through advertisements in Krymsk, or by contacting Krasnoyarskenergosbyt and asking for an audit. No matter where you live, this service will be available to you.

Where to report for theft of electricity?

If you discover that electricity has been stolen in a private house or apartment, then first of all try to resolve the dispute peacefully on your own or with the participation of an experienced lawyer. If the guilty person denies his involvement in the crime, then he will have to make some efforts in order not to become the culprit of other people’s offenses:

• write an application to the management company, in which you set out in detail the facts of the case and provide available evidence - receipts for payment for electricity, absence from the premises for a certain period of time, photo and video filming, inspection results, etc.;
• write the same statement to the energy supply department, demanding verification and reconciliation of readings for a certain period of time;
• together with an inspecting electrician, draw up a report on the fact of theft, involving several independent witnesses - neighbors on the site and other interested parties - to examine the testimony and evidence;
• file a claim with the court and prosecutor's office, attaching all evidence and documents.

The application and claim should indicate:

• all the appliances you use in your house/apartment;
• information on meter readings with and without energy consumption devices turned on;
• average number of kilowatts per day, month, week;
• general information regarding the theft of electricity by a neighbor or other person.

If several more people were injured, then you can draw up and file a collective complaint. In any situation, it is better to get advice from an experienced lawyer, and also use his services when completing and preparing a package of documents.

Typical frequently asked questions from readers

The neutral wire coming from my electric meter turned out to be connected to the neutral wire coming from the neighbor's electric meter. Could it be that, under some circumstances, my neighbor's electricity meter will count the load consumed in my apartment?

It all depends on where the neutral conductors from two electricity meters are connected to one point.
Therefore, it is advisable to see the connection diagram of the connection you described, otherwise it is fortune telling on coffee grounds. If we assume that the connection point of two neutral conductors is located on the section from the apartment to the electricity meter, then theoretically, some models of old electricity meters will actually count the load differently. In this case, it is possible that part of the load current will flow through both your and the neighboring electric meter.

At the same time, the opposite situation , when a neighbor is consuming power and “part of his load may flow” through your electricity meter. This connection method is incorrect, so you can safely contact the management company with a request to remove the connection point. In modern electricity meters, the neutral conductor has little effect on the calculation for consumed electricity. Therefore, the readings of new electricity meters may not depend on the connection point you have identified.

If the neutral conductors are combined in the area behind the electricity metering devices to the common house panel (usually an ASU), then this is a normal connection method that in no way affects the result of electricity metering.

What to do if your electricity is stolen in your apartment or private house?

Is your electricity being stolen? Accusation of this act can only be done through substantiated evidence, which is not always within the power of an ordinary person. First of all, you need to check the fact of theft in one of the possible ways:

• check seals and damage to the metering device;
• assess the situation visually - check for unnecessary wiring, signs of burglary, etc.;
• turn off the electricity supply at the panel and check the operation of electrical appliances or the voltage in the sockets - if there is one, the fact of theft is obvious;
• turn off all appliances in the house and evaluate the operation of the device - if the numbers are running and the light is blinking, then you are being blatantly robbed.

If the neighbors are not guilty, they will agree to have the meters in their apartments checked. If you refuse and are intractable, you should follow the recommendations indicated above, and also prepare to prove your own innocence, with the support of an experienced lawyer. The liability for theft of electricity may be disproportionate to your income, so it is better to be prepared for any troubles. Sign up for a consultation with our qualified lawyers by phone or online.

Latest questions on the topic: “Electricity theft”

What is the penalty for theft?

Good afternoon
My friend decided to steal goods at work. But she was caught by a security guard. Product amount is 1200₽. Now the employer has suspended her from work, will not give her her work book, and has contacted law enforcement agencies to initiate a criminal case. The friend was the financially responsible person. Tell me whether she faces criminal punishment (under Article 158 or 160 of the Criminal Code of the Russian Federation) if the property of the enterprise was never appropriated and the damage was insignificant. Are the employer's actions legal? Maria, Kazan is now online

Hello! The employer's actions are lawful. If the amount stolen is less than 1,000 rubles (you indicated the amount is 1,200, but perhaps it can be challenged through an examination), she faces administrative liability for petty theft. If, nevertheless, the amount is above 1000, then criminal liability is imposed under Article 158 or 160 of the Criminal Code of the Russian Federation, depending on the composition of the act. After the court decision comes into force at the airport or police station, your friend faces dismissal under clause 6g of Art. 81 of the Labor Code of the Russian Federation An employment contract can be terminated by the employer in the following cases: 6) a single gross violation of labor duties by the employee: d) theft (including small) of someone else’s property at the place of work, embezzlement, intentional destruction or damage, established by the law that has entered into legal force by a court verdict or resolution of a judge, body, official authorized to consider cases of administrative offenses;

In which court should I appeal the amount of the fine for unaccounted for electricity consumption?

Hello!
How and in what court can I appeal the amount of the fine imposed on me by the ESC for unaccounted consumption of electricity? Are there any examples of such appeals to the court? What documents will need to be collected? Are there any time limits after which it will not be possible to appeal? Alexey, Tomsk is now online

Hello, appeal to the court at the place where it was committed, within 10 days. Code of Administrative Offenses of the Russian Federation, Article 30.1. The right to appeal a decision in a case of an administrative offense 1. A decision in a case of an administrative offense may be appealed by the persons specified in Articles 25.1 - 25.5.1 of this Code: (as amended by Federal Law dated 02.11.2013 N 294-FZ) (1 ) rendered by a judge - to a higher court; 2) issued by a collegial body - to the district court at the location of the collegial body; (3) issued by an official - to a higher body, a higher official or to the district court at the place of consideration of the case;

What to do if electricity is stolen due to failure of the management company to fulfill its duties?

Help me what to do?
In mid-December we bought a neighboring apartment. We started with repairs, including replacing the electric meter. Before replacing it, the electricians suddenly saw that all the wiring in the panel was faulty and decided to replace it, although only in our panel, although the entire house has been asking the management company for this for more than 15 years. The work with the wiring in the panel has been completed. But for some reason they didn’t weld hinges onto the shield so that it could be closed and restrict access to it. Judging by the working tools, the new apartment was actively undergoing renovations. Several times I saw workers who were renovating the apartment doing something in the electrical panel. But that’s what everyone always does. But when my meter showed 502 kW instead of monthly 150-180 kW, I realized that more than half of the kW was not mine. Now I consume electricity as usual. But where did the extra 300 kW per month come from? What should I do now? I will pay for what I didn't take. It's a fact!!! Should the management company be responsible for ensuring that there is no access to my wiring? I've been asking for this for 10 years. How to force the people responsible for this to answer? I would consume this amount for more than 2 months. What should I do? Help!!! I can’t even imagine how to solve such issues!!!! Svetlana, Tatarstan is now online

Hello! First of all, you need to leave a request at the management reception desk to come and check the likelihood of an unauthorized connection to your meter. If this is revealed, ask them to draw up a Report. Next, you can go to court with a claim to recover damages from the culprit.

What are the penalties for unmetered electricity consumption?

Good afternoon.
I am the chairman of the garage and construction cooperative Boris Vasilievich. During the next check of electricity consumption in the cooperative, I discovered that one of the boxes was consuming electricity without the meter being connected. What measures can be taken against the owner of the box? Thank you. Boris, Krasnoyarsk now online
Such an act is qualified under Article 7.19 of the Code of Administrative Offenses of the Russian Federation - Article 7.19 of the Code of Administrative Offenses of the Russian Federation. Unauthorized connection and use of electrical, thermal energy, oil or gas Unauthorized connection to electrical networks, heating networks, oil pipelines, oil product pipelines and gas pipelines, and equally unauthorized (unaccounted for) use of electrical, thermal energy, oil, gas or oil products, if these actions do not constitute a criminal offense punishable act - entails the imposition of an administrative fine on citizens in the amount of ten thousand to fifteen thousand rubles; for officials - from thirty thousand to eighty thousand rubles or disqualification for a period of one to two years; for legal entities - from one hundred thousand to two hundred thousand

Effect of magnetic field on the counter

On the World Wide Web, scammers are massively advertising powerful magnets, but are they really that effective? Their effectiveness depends on the type of electric meter. Under the influence of a magnetic field, the impeller of the device slows down its rotation, and the meter readings become unreliable.

In apartment buildings, in addition to apartment-by-apartment meters, communal meters are also installed. If there is a meter in each apartment, the readings of the common house meter will differ from the common individual metering devices. This is not difficult to determine a month after you start using the magnet. Such “savings” are equated to the theft of energy resources, which is suppressed and severely punished.

If you use a magnet, you should immediately prepare for the following serious consequences:

• breakdown of the electric meter;
• attracting attention to the residents of the house from service providers;
• fine for electricity missed by the meter;
• disconnection from the power supply network.

If the controller detects a magnet, it draws up a protocol and issues a fine. If the meter is damaged by a magnetic device, it will need to be replaced. In case of refusal to pay the fine, in practice, the supply of energy resources is interrupted.

Modern electricity meters are equipped with a specialized tape that makes the influence of the magnetic field on the meter useless. There is no way to get rid of the tape; it is a kind of seal. When you try to influence it, the inscription “OPENED” instantly appears. The presence of such an inscription on the tape is equivalent to the removal of the seal. If the controller detects such an inscription, a fine is immediately issued.