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The management company or HOA is a mediator between the organization providing services for the power supply and tenants of the house. It turns out that the Criminal Code is responsible for paying electricity before its company providing, and tenants apartment house They are responsible for payment before the Criminal Code. In order to understand whether it has the right management Company Disable energy for debts, you need to figure out the terminology. In accordance with the law, restriction, suspension and power off can be made. Restriction is the provision of limited traffic to the Subscriber. For example, turning off the light for several hours a day. Suspension implies a complete cessation of power supply supplies for an indefinite period, but the service agreement is not broken. Disconnection - termination of electricity delivery due to the rupture of the contract.
What the Law says
As of 2018, the issue of the power supply of citizens is regulated by two main bills:
- Articles 539-548 Civil Code Russian Federation. Article 546 states that it is possible to disable or temporarily stop the supply of electricity, only by agreement of the parties. But in fact, the agreement is a prisoner residential premises Contract for the supply of services. there in obligatory A clause is placed that in case of non-payment, the debtor can turn off the light. In addition, in the same 546, the article says that before the cessation of electricity supply, the non-payer must obtain the appropriate warning.
- Government Decree under Sequence Number 354 of 2011, in particular Chapter 11, where the features of limitation and suspension are indicated. communal services. So, 117 The decree item states that in the event of a partial or complete non-payment of debts for utilities, the defaulter can suspend them. The only one, the decree is forbidden to turn off the heating in the heating period and cold water, regardless of the time of year.
When unauthorized housing and utilities services on time of the Criminal Code should send a notification to the subscriber about the possible restriction and (or) suspension. You can do this through a registered letter by calling (mobile or home) and writing out the conversation by printing information on the housing and utilities services bond and passing it by mail or handing the notification personally, on receipt.
When Ignoring the requirements for payment for electricity, the management company is right to disable it
If after 20 days from the date of receipt by the debtor of the payment warning and did not have been made, the Chairman of the Management Company (Housing Association) is entitled to decide on the restriction of the power supply of the residential premises. If after the next 10 days also did not produce payment, the supply of electricity in the apartment can be suspended. In the case when there is no technical ability to limit the power supply, the Criminal Code is entitled to suspend the supply of services after 20 days from the date of receipt of the notification of the non-payment.
120 The point of the same resolution guarantees the debtor that in the case of a work of payment, the reverse connection of electricity will be held no later than 2 days from the date of its receipt) of the company.
The ruling prohibits restricting and suspending the supply of utilities if it will affect other residents of the house that make timely payment for the LCA (there are no cases of emergency, planned, etc. Displays).
That is, the HOA has the right to disconnect electricity for debt debts. Moreover, in this regard, all categories of citizens are equal to the legislation: disabled people, single, pensioners, etc. Light for non-payment can be disabled from everyone.
With what debt turn off the electricity
Among other things, the Government Decree No. 354 indicates the minimum amount of debt, in which the power supply is limited (suspended). But it is important to know, with some debt, turn off the electricity in the apartment for non-payment. According to the 118 point of the mentioned decree, the restriction (suspension) of the power supply may occur when the debt is in two average monthly amount of payment, which should be calculated from the installed power consumption standard.
If the amount of the subscriber's debt is less than the specified one, it cannot limit or suspend the supply of services. Including if on this moment The daily power supply restriction is made (shutdown for several hours), and the citizen made a payment that reduced total Debt to the mark is lower than two average monthly norms, then this restriction should be removed and produce a full-fledged inclusion of power supply. But if the service was legally suspended (the light is turned off completely), it will be resumed only in the case full repayment Debt.
After turning off the electricity, the counter is sealed, and the independent removal of the seal is considered illegal
How to disconnect
After 30, and in some cases, 20 days after receiving a citizen from the Board of the Code of Notice of the need to pay for debt, the service can be suspended. Disable electricity is carried out by a qualified electrician. Required the presence of a representative of the company, which is an act of suspension of power supply. If the non-payer is currently at home - it is also invited to compile an act. At the same time, the debtor has the right to demand a document from the representative of the company confirming that he is an employee of the Criminal Code.
The procedure for drawing up the act is as follows:
- type of change of service delivery (restriction or suspension);
- date and exact time drawing up;
- FIO of the owner of the apartment, his personal account number and the address of the house;
- phased content of the procedure;
- meter indicators;
- cause of suspension of services.
During the compilation of the act, the Department of the Criminal Code disables the counter from the network and fits it so that the debtor did not try to independently open the shield and connect the counter. If the owner of the apartment is on the spot - he is offered to sign in the drawn up act, but it has the right to refuse this, which will be made by the corresponding mark.
What to do if the electricity turned off
If the light is turned off properly (notified the subscriber about it in advance and amounted to an act) then the debtor has only one way out - to make the right amount to return the amount of electricity to their dwelling.
After making payment it is worth taking a receipt and personally transfer it to the management company. This can not be done, but the light will turn on faster. After confirming the repayment of debt, the UK Subscriber is obliged within 2 days (such a term is specified in the Government Decree No. 354) to return the service to the delivery of services in full.
When you illegally disabling, the person has the right to apply to the supervisory authorities
In case the disconnection occurred a short way, the subscriber may file a complaint against the company's actions, and in addition, it is possible to force the Criminal Code judicial order Remove the cost of moral damage. In accordance with Article 546 of the Civil Code of the Russian Federation and the Government Decree No. 354, the power supply is not allowed without prior notice to the user. If a citizen has not received from the manner of notice of a possible suspension of electricity supply - it can:
- Direct the complaint addressed to the company's head.
- Apply to the prosecutor's office.
- Start a trial in the case.
But the existing practice is such that most often citizens are deliberately shy away from receiving a notice of a possible suspension of the service. If such a fact is proved, then the disabled light is connected back to the subscriber only after full payment of debt.
Caution, fraudsters
The Investigation Committee of the Russian Federation is known several dozen cases, when under the guise of employees of the management company, fraudsters tried to "shame" money from citizens. One of the cases occurred in Moscow, when two men went through houses of residential buildings and reported citizens about their debt. If the tenants themselves were confident that they had no debts - they showed the receipts, after which the "employees of the Criminal Service" apologized and referred to the fact that they did not react much before them. The rest of the same, who doubted the presence of a debt pit, the men offered to settle in place or they will immediately turn off the light.
Such actions of fraudsters entail criminal liability, therefore citizens must be vigilant and always check their documents from employees of the Criminal Code. In addition, the members of the Criminal Code cannot demand to pay them money in their hands. A citizen is obliged to make funds to their current account and to avoid surprises to keep the received receipts.
The disconnection from utilities will be told in the video:
Attention! In connection with recent changes In the legislation, legal information in this article could endure!
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For the most detailed and accurate information on the procedure for suspending electricity consumption, you will need to contact two legislative acts:
The text of the law is written by a complex legal language, difficult to perceive a simple town man. Key points You can comply with thematic paragraphs.
Illegal dealership in SNT (garden non-profit partnership)
Turning off the electricity to SNT members - a common practice for coercion to pay existing debts. However, this measure is illegal. Guarantees consumers reliable power supply.
The activity of SNT regulates the Federal Law NO66 of 15.04.1998. The law does not give the authority to turn off the electricity for non-payment of SNT members either to the Chairman or the Board, even if the subscriber has greater debt.
Legal measure to recover funds from the debtor is to submit a claim to the court on behalf of SNT. Citizen, a member of the SNT, which was illegally disconnected from the power grid, can file statement of claim to court. The defendant will be SNT as entity.
For more details about the country electricity, see the video below:
Illegal shutdown of electricity supply in the apartment
Unscrupulous HOA and housing and communal services sometimes also use the turning off of electricity as a measure of influence into debtors.
In the case when the citizen has no debts on electricity paying, the disconnection will be illegal.
For the production, supply of electricity to the Subscriber, the maintenance company is responsible for the supply of its volume and quality.
Only she has the legal right to suspend or completely stop the power supply to the user. Turning off the energy from the consumer, fully paying an account from energy sales, but having debt on rent or other utilities, is illegal.
Can you turn off the light for non-payment?
There is a bilateral contract between the electricity providing company and the subscriber. Based on the contract, the power supply company is obliged to supply energy over the connected network; The user's duties include timely payment of services rendered for the approved tariff ().
If the consumer pays for the accepted energy, that is, does not comply with the contract duties, the power industry is forced to stop the supply of electricity. For the legality of the procedure, the disconnection must be carried out in strictly prescribed by law.
What is the basis for shutdown? Legitimate grounds for disconnecting electricity for non-payment are:
What other punishes for non-payment are provided:
- monetary penalty - accrual of penalties;
- resettlement to a room with a smaller area (for housing exploiters under the contract of society. Hiring);
- judicial proceedings (for owners of housing).
In which case de-energization will be illegal?
Not compliance with the company's employees of the order prescribed by the law makes the procedure for disconnecting unlawful.
The procedure for disconnecting electricity for non-payment of utilities
Consider in more detail the rules for disconnection of electricity for non-payment like individualand legal.
Rules for disconnection of electricity for debts to a physical face
Procedure for disconnection of electricity for non-payment to a legal entity
The procedure for turning off the electricity to a legal entity for non-payment is much easier. The power supplying company can unilaterally terminate the supply of electricity to the owl subscriber, sending a notice in advance.
How should notify?
Significantly expanded the list of options for transmitting a warning notification to the subscriber. The main condition is to confirm the fixation of the fact and date of delivery:
- present personally in hand on receipt;
- post sending in a registered letter;
- printing notifying messages on the payment receipt form;
- recordable call on a mobile or stationary telephone;
- message to email;
- notification in the virtual office of the Internet portal of utilities;
- others.
Temporary and complete disconnection of electricity for non-payment of utilities
Temporary disconnection of electricity involves the suspension of services for a prescribed period. Counters are sealing.
Full shutdown provides one-sided termination Agreement of the Energy Sales Company, and, accordingly, the complete termination of provision services.
If no warnings were. If the consumer did not receive notifications, the power disconnection will be considered illegal. A citizen has the right to apply to court and require the abolition of such a decision, moreover, compensation for moral damage.
What to do after disconnected? The easiest I. effective method: repay the accumulated debt. For 2 days after payment of the debt, the contract is restored between the subscriber and the company, the service is supplied in full.
If a citizen is experiencing financial difficulties, he can contact the power supplying digging and ask for a deferment of the payment for a period of 6 months.
The subscriber is issued a certificate of the agreement. Help should be submitted to the management organization (HFA, HOA). During the day, the Master Electric will come to you and restore the connection to the power grid.
Nobody is insured from financial difficulties. To avoid the use of extreme measures in the form of turning off the electricity, it is recommended to take measures in advance and seek installments. The law is very loyal to the consumer and offers various options for solving this situation.
In case you are sure that the disconnection of the light is made illegally, feel free to contact the court and defend your interests.
Each person every day enjoys a type of communal resource as electricity. Electrical appliances simplify our lives and allow you to save time. But as you know, for any resource, supplied, users are required to pay. Many owners shy away from the performance of their obligations for one reason or another.
This is a reason to apply special sanctions for non-payers established by applicable law. So, the non-payment of electricity bills may entail a shutdown, which will strongly affect the terms of life of the owner. The consumer must know what to do if the light turned off and how to protect their rights if it happened illegally.
Can turn off the light for non-payment
Relationships between the consumer of electricity and supplying organizations are regulated resolutions of the Government of the Russian Federation № 354 of 06.05.2011 and №442 of 04.06.2012. The latter describes the rules converted exclusively to the sphere of power supply. It is in them that the main legal reasons for the disconnection of light in the apartment are installed:
- availability judicial decision on the termination of electricity supply;
- illegal connection to the power line, including the absence of a supply contract;
- violation of network connection technology;
- termination of the contract for the supply of a resource;
- the threat of an accident or liquidation of its consequences (without prior notice);
- necessity repair work or scheduled maintenance. The period of work should not exceed 24 hours at a time and 72 hours per year;
- the presence of debt for electricity supply due to improper fulfillment by the consumer of its obligations under the contract of delivery.
Important! By law, the presence of debts on utility services is the basis for turning off the electricity.
At the same time, the fact of non-payment is established in the absence of payments within 2 months according to p.118 "Rules for the provision of utilities" №354.
In addition to turning off the electricity for debts, it is provided, according to part 14 of Article 155 of the Housing Code, Final in the form of penalties. For tenants of municipal housing, it is possible to relocate in the premises of a smaller area, and for the owners - a trial.
Does the right managed company or HOA have the right to turn off the light
The Criminal Code, HOA and the HCEK can and have the right to limit the flow of electricity to combat non-payers, as often contracts for the supply of electricity are concluded with them, and not directly with the supply company. However, to turn off the light, they can take advantage of the consent of both parties, without it, the disabling of light is legitimate only by the court decision in the presence of a bailiff.
Procedure for turning off electricity
The law approved the rules for disconnection of electricity, which must be adhere to when conducting a shutdown procedure.
The main rule that must be observed when disabling is to warn the owner of the estimated restriction of electricity supply by sending written notice. Without prior notice, supplying companies are not allowed to disable light.
Before making a disconnection of electricity for non-payment, a special order compliance is required established by law:
- The debtor is sent notice of the need to repay the resulting debt within 1 month.
- If no measures have been taken from the side of the defaulter, a written warning about the disconnection of electricity is sent.
- After 3 days, a re-notice is sent. If it is ignored, the supplying organization can turn off the light on legal grounds.
IMPORTANT! Disable light without prior notice is a violation of the law. This decision may be appealed in court.
Warning can be sent by registered letter (with notification), handed to receipt personally, through personal Area On the website of the supply company, by phone and together with the account of the LCD. If the debtor is a legal entity, you can set a payment request to the bank serving it.
Structure notice
The notification of the disconnection of electricity should contain the following information:
- Details of the debtor: Full name, address of the accommodation, personal account number.
- The amount of debt and the period for which it was formed.
- Recommended debt repayment date.
- Responsibility of the consumer for the failure to fulfill obligations under the supply contract: full or partial limitation of electricity supply.
Notifying the consumer about the debt for the communal service and not receiving payment, HOA or the Criminal Code cause an authorized specialist from a power supply organization. On the appointed day and hour he disconnects the meter from the network. Seals are installed on the instrument in order to avoid illegal use of the resource.
According to resolution No. 442.At the time of stopping the filing of light, it must be drawn up " The act of disconnection of electricity"Containing information:
- about the debtor and the resource supplier;
- grounds and limit period of light supply;
- the amount of debt and ways to repay;
- time and disconnection date;
- restriction Type (full or partial): Complete provides for the cessation of electricity supply, partial - reduction of feed volumes;
- the number of the electric meter and reading at the time of shutdown;
- a set of measures carried out to prevent shutdown;
- the reasons for which it was not possible to disable (for example, the risk of accident occur).
When drawing up a document, an employee of the Criminal Code or a member of the HOA and the owner is present. The act is drawn up in 3 copies and is signed by both parties, errors are not allowed. The legality of turning off electricity for non-payment of utility services will be confirmed only if all the rules are met.
Unlawful turning off electricity
The management company is obliged to comply with the procedure for turning off the electricity, but in practice it does not always happen.
Disconnect the light for non-payment of rent illegally in the following cases:
- No notice. In this case, the debtor may submit a claim on the fact of the violation of the rights. Even for malicious defaulters, this is a chance to return the flow of electricity, without paying the debt.
- Accommodation minor. If electricity was disconnected and consequences for the health and life of the child appeared, it is regarded as harming, which will lead to administrative punishment and reimbursement of moral damage.
- Accommodation of a seriously ill person, whose livelihoods depends on the instruments connected to the network.
For illegal restriction of electricity supply for non-payment Supplier services can be brought to accountability:
- Disabling utilities not by established rules is self-government and punished under article 330 of the Criminal Code of the Russian Federation. Attraction to criminal liability is possible when applying significant damage to the consumer.
- The consumer through the court may require compensation for moral damage according to art. fifteen Federal Law "On the protection of consumer rights". Only a citizen using electricity for personal purposes can get compensation.
- Energy sales is a natural monopolist in the field of electricity supply. The organization can be attracted to administrative responsibility for article 14.31 Administrative Code.
Damage can be defined straight (for example, product damage in the refrigerator) and indirect (for example, it is impossible to watch TV). But for the argument of their claims in court there should be no debt.
What to do if you turned off the light for non-payment
If the light feed is discontinued by all the rules of shutdown, it is possible to resolve the issue of re-connected electricity in two ways:
- Complete debt repayment.
- Installment payment. The consumer may ask. Refusal in this request, the supply company cannot.
After repaying the debt or receipt of installments, energy sales issues a certificate of the absence of debt, which must be provided in the Criminal Code or HOA with a statement for the reverse connection to the network. There will be required to pay small amount For connecting and waiting for an electrician. The specialist will remove the seal and connect the room to the network. When making a procedure, an act of connection is again compiled. The light should appear during the day.
IMPORTANT! Do not be able to connect to the power grid. First, it is dangerous. Secondly, you may be attracted to administrative responsibility for imposing a fine.
Failure to comply with the consumer of their obligations to resource suppliers in the field of housing and communal services is a reason to terminate their filing. Lack of payment is a legal basis to disable electricity. The restriction procedure should be carried out according to the rules established by regulatory acts. Their violation is the reason for appeal in court. If you have turned off the light for non-payment in compliance legitimate order, try to pay off your debt as quickly as possible or receive installments.
