Article 7.19 unauthorized connection and use of electrical power. Theory of everything

Arbitrage practice according to Art. 7.19 of the Code of Administrative Offenses of the Russian Federation, appealing fines for unauthorized connection and use of electrical, thermal energy, oil or gas

PERM REGIONAL COURT

Magistrate - Savin A.A.
Judge - Solomnikov K.E.

Deputy Chairman of the Perm Regional Court M.B. Gileva, having considered the complaint of K.E., K.V. on the decision of the magistrate court section N 3 Osinsky judicial district Perm region dated 04/04/2017 and the decision of the judge of the Osinsky District Court of the Perm Territory dated 05/02/2017 in the case of an administrative offense against K.E. according to Part 1 of Art. 7.19 of the Code Russian Federation about administrative offenses(hereinafter referred to as the Code of Administrative Offenses of the Russian Federation),

installed:

By the decision of the magistrate of judicial district No. 3 of the Osinsky judicial district of the Perm Territory dated 04.04.2017 K.E. found guilty of committing an administrative offense under Part 1 of Art. 7.19 of the Code of Administrative Offenses of the Russian Federation with the imposition of punishment in the form of administrative fine in the amount of 10,000 rubles.
By the decision of the judge of the Osinsky District Court of the Perm Territory dated 05/02/2017, the resolution of the magistrate judge of judicial district No. 3 of the Osinsky judicial district of the Perm Territory dated 04/04/2017 was left unchanged, the complaint of K.E. - without satisfaction.
In a complaint received by Perm regional court 06/19/2017, the applicant requests to cancel the events held in the case judicial acts and the proceedings on the case are terminated.
The administrative violation case was filed on June 22, 2017, and was received by the Perm Regional Court on June 30, 2017.
Having studied the materials of the case of an administrative offense, the arguments of the complaint, I find no grounds for canceling or changing the entered into legal force orders of the magistrate and decisions of the district court judge.
In accordance with Part 1 of Art. 2.1 of the Code of Administrative Offenses of the Russian Federation, an administrative offense is recognized as unlawful, culpable act(inaction) of an individual or legal entity for which administrative liability is established by this Code or the laws of the constituent entities of the Russian Federation on administrative offenses.
According to Part 1 of Art. 13 of the Federal Law of November 23, 2009 N 261-FZ “On energy saving and increasing energy efficiency and on making changes to certain legislative acts Russian Federation" produced, transmitted, consumed energy resources are subject to mandatory accounting using metering devices for energy resources used. Requirements of this article in terms of organizing the accounting of energy resources used, they apply to facilities connected to electrical networks centralized power supply, and (or) centralized heating systems, and (or) systems centralized water supply, and (or) centralized gas supply systems, and (or) other centralized supply systems of energy resources.
By virtue of Part 1 of Art. 7.19 of the Code of Administrative Offenses of the Russian Federation, unauthorized connection to electrical networks, heating networks, oil pipelines, oil product pipelines and gas pipelines, as well as unauthorized (unaccounted for) use of electrical, thermal energy, oil, gas or oil products, if these actions do not contain a criminal offense, shall entail the imposition of an administrative fine on citizens in the amount of ten thousand to fifteen thousand rubles.
In accordance with paragraph. 10 clause 2 of the Basic Operating Provisions retail markets electrical energy, approved by Decree of the Government of the Russian Federation dated 04.05.2012 N 442 “On the functioning of retail electricity markets, complete and (or) partial restriction mode of consumption of electrical energy" unaccounted consumption is the consumption of electrical energy in violation of the procedure established by the energy supply contract (purchase and sale (supply) of electrical energy (power), contract for the provision of services for the transmission of electrical energy) and this document of the procedure for accounting for electrical energy on the part of the consumer (buyer) ), expressed in interference with the operation of the metering device (metering system), the responsibility for ensuring the integrity and safety of which is assigned to the consumer (buyer), including violation (damage) of seals and (or) signs visual control, applied to the metering device (metering system), in non-compliance established by the agreement the timing of notification of the loss (malfunction) of a metering device (metering system), as well as the commission of other actions (inactions) by the consumer (buyer) that led to distortion of data on the volume of electrical energy (power) consumption.
Within the meaning of specified standards, the use of electrical energy with a violation (absence) of the control seal on the metering device constitutes an administrative offense under Art. 7.19 Code of Administrative Offenses of the Russian Federation.
In accordance with Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, the burden of proof rests with the subject public authority(body, official), and the subject involved in administrative responsibility, is not obliged to justify himself, to prove his innocence.
K.E. found guilty of unauthorized (unaccounted for) use of electrical energy at her place of residence.
As can be seen from the case materials, on January 14, 2017, representatives of the branch of IDGC of the Urals OJSC - Permenergo at the address: Perm region, Elovsky district, Bolshoy Kashkalak village, st.<…>, the fact of unmetered consumption of electrical energy was revealed by unauthorized connection to a power supply source bypassing the meter, which was reported in the presence of the owner Ch. and her representative by proxy dated March 17, 2015, daughter K.E. act N was drawn up<…>dated January 14, 2017 (case sheet 7).
According to the certificate of state registration rights dated July 3, 2015, the owner of the specified house is Ch., date of birth (case file 25). Involved K.E., K.V. live in this house. and Ch., thus, all three citizens are consumers of electrical energy.
The factual circumstances are confirmed by the evidence collected in the case: a certificate dated 02/16/2017 (case file 3), a protocol on an administrative offense dated 02/16/2017 (case file 5), an act on unmetered electricity consumption dated 01/14/2017 (case file 7), photographs (case sheets 8-12), explanations by K.E. dated February 16, 2017 (case file 13), certificate of registration at the place of residence (case file 55).
The specified evidence from the point of view of relevance, admissibility, reliability and sufficiency corresponds to the provisions of Art. 26.2 Code of Administrative Offenses of the Russian Federation. The reliability and admissibility of the listed evidence is beyond doubt. All evidence was given due consideration by the magistrate and the district court judge. legal assessment In accordance with the requirements of Art. 26.11 Code of Administrative Offenses of the Russian Federation.
Thus, the conclusions courts about the presence in the actions of K.E. an administrative offense under Art. 7.19 of the Code of Administrative Offenses of the Russian Federation are correct.
The indication in the complaint is that K.E. cannot be the subject of the resulting legal relations, since he is not the owner of the house<…>on the street<…>, in the village of Bolshoi Kashkalak, Elovsky district of the Perm region, is subject to rejection.
There is liability for unauthorized connection to a power line and the use of electricity without accounting (Article 7.19 of the Code of Administrative Offenses of the Russian Federation). At the same time, from the disposition of this article it follows that the subject of legal relations is not only the owner, but also any person who has received the owner’s consent to non-accounted use. Considering the fact of residence of K.E. in the house where unmetered use of electrical energy was revealed, the court’s conclusion was that K.E. is the subject of legal relations regarding the unauthorized connection of power receiving devices to objects electric grid facilities is correct. There are no grounds to disagree with the said conclusion of the magistrate based on the arguments of this complaint.
The reference in the complaint to appeal the act of unmetered electricity consumption cannot be taken into account. By the decision of the Osinsky District Court of the Perm Territory dated 03/06/2017 in the case of the claim of Ch. against IDGC of the Urals OJSC, PJSC Permenergosbyt to declare illegal and cancel the act of unmetered electricity consumption dated 01/14/2017, to recover compensation moral damage, which entered into force on May 22, 2017, the plaintiff Ch. was denied satisfaction of the claim in in full.
Other arguments entailing the cancellation or modification of those that have entered into legal force court orders, this complaint does not provide any grounds for canceling the decision of the magistrate and the decision of the district court judge when considering the complaint and verifying the legality of the appealed court decisions.
Punishment K.E. appointed within the sanction of Art. 7.19 Code of Administrative Offenses of the Russian Federation, in accordance with the requirements of Art. 3.1, 3.8 and 4.1 of the Code of Administrative Offenses of the Russian Federation, taking into account the nature of the administrative offense committed, the actual circumstances of the case, the absence of mitigating and aggravating circumstances of administrative responsibility.
Significant violations normal procedural legislation There are no cases entailing the unconditional reversal of the judicial acts passed in the case.
Based on the above, the complaint cannot be satisfied.
Guided by Art. 30.17, 30.18 Code of Administrative Offenses of the Russian Federation,

Resolved:

resolution of the magistrate of judicial district No. 3 of the Osinsky judicial district of the Perm Territory dated 04/04/2017 and the decision of the judge of the Osinsky district court of the Perm Territory dated 05/02/2017 in relation to K.E. leave unchanged, the complaint of K.V., K.E. - without satisfaction.

Judicial practice under Art. 7.19 Code of Administrative Offenses of the Russian Federation

1. The object of the offense is relations in the field of energy saving and gas supply. The commented article is intended to ensure the effective use of strategic types of energy resources.

For the sphere of relations regulated by this article, the key ones are the Federal Law of April 3, 1996 N 28-FZ “On Energy Saving” and the Federal Law of March 31, 1999 N 69-FZ “On Gas Supply in the Russian Federation”.

The grounds and procedure for consumption, as well as the accounting of electrical and thermal energy are regulated by the Rules for the use of gas and the provision of gas supply services in the Russian Federation, approved by Decree of the Government of the Russian Federation of May 17, 2002 N, the Rules for Gas Accounting of October 14, 1996, the Rules for the Accounting of Thermal Energy and coolants dated September 12, 1995, Electricity Accounting Rules dated September 26, 1996, Instructions on the procedure for approving the use of electric boilers and other electric heating devices dated November 24, 1992.

2. Objective side this offense consists of the following illegal actions: unauthorized connection to energy networks, oil pipelines, oil product pipelines and gas pipelines; unauthorized (unaccounted) use of electrical, thermal energy, oil, gas or petroleum products.

Unauthorized connection is considered to be connection to energy networks, oil pipelines and gas pipelines without the appropriate permission. authorized bodies state energy supervision.

Unauthorized use means the use of energy and gas without permission from the energy supply or gas supply organization, respectively.

The consumer is obliged to submit a corresponding application to the energy supplying organization and to obtain permission to include new electrical wiring in residential buildings, previously in use, or in houses owned individual citizens on the right of personal property, as well as electrical wiring on garden plots, in garages for personal cars, etc.

The qualifying feature of an administrative offense under Art. 7.19 of the Code of Administrative Offenses of the Russian Federation, is the action of unauthorized connection to energy networks, as well as the unauthorized (unaccounted) use of electrical energy, in which no damage is caused by the offender. Examples include the following:

During the construction of his house, a citizen did not fulfill technical specifications and arbitrarily connected the newly built electrical installation of this house to the organization’s networks without obtaining the latter’s consent, while he did not cause harm to the organization by consuming electricity through the meter and paying for it;

The citizen’s electricity meter was out of order, but he again paid for the electricity consumed and did not cause damage to the organization.

Regarding the distinction between administrative and criminal liability The following example is illustrative. Sestroretsk Federal district court In St. Petersburg, a criminal case was considered involving N.V. Ivanov for committing a crime under Art. 165, part 2, Criminal Code of the Russian Federation, and V.V. Sokolov for committing a crime under Art. 165, part 3, paragraph "c", Criminal Code of the Russian Federation. The defense lawyer's motion that, according to Code of Administrative Offenses defendants became an administrative offense, it was supported state prosecutor. Guided by Part 2 of Art. 24 of the Code of Criminal Procedure of the Russian Federation, according to which a criminal case is subject to termination in the case when, before the verdict entered into legal force, the crime and punishability of the act were eliminated by a new criminal law, as well as part 3 of the said article, the Sestroretsk court issued a resolution to terminate the criminal case and the criminal persecution.

In the ruling, the court indicated that, according to the case materials and indictment defendants V.V. Sokolov and N.V. Ivanov was accused by the preliminary investigation authorities of committing an act of causing property damage the owner of the property by deception in the absence of signs of theft by a group of persons prior agreement and repeatedly. IN court hearing it was established that defendants V.V. Sokolov and N.V. Ivanov is accused by the preliminary investigation authorities of having unauthorizedly connected to the power supply network in violation of the energy supply contract and used electrical energy without accounting, in connection with which the acts accused of defendant V.V. Sokolov and N.V. Ivanov, fall under the signs of an administrative offense under Art. 7.19 Code of Administrative Offenses of the Russian Federation.

3. The subjects of this offense are citizens officials and legal entities - users of energy networks, oil pipelines, oil product pipelines, gas pipelines.

4. Subjective side the offense is characterized by guilt in the form of intent.

Unauthorized connection and use of electrical, thermal energy, oil or gas

Commentary on Article 7.19 of the Code of Administrative Offenses of the Russian Federation:

1. Gas pipelines, oil pipelines, and energy networks are complex technical structures, intended for transportation of flammable gases, oil, petroleum products, electricity, respectively, from the place of their extraction or production to consumers.

Unauthorized connection to energy and gas distribution networks and oil pipelines is prohibited (see, for example, Decree of the Government of the Russian Federation of November 20, 2000 N 878 “On approval of the Rules for the protection of gas distribution networks”).

Unauthorized connection to energy networks, oil pipelines and gas pipelines without the appropriate permission of the authorized bodies of state energy supervision is recognized.

Unauthorized use means the use of energy and gas without permission from the energy supply or gas supply organization, respectively.

2. According to Federal law dated November 23, 2009 N 261-FZ "On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation" produced, transmitted, consumed energy resources are subject to mandatory accounting using appropriate metering devices. This requirement applies to facilities connected to centralized power supply networks, centralized heat supply systems, water supply and gas supply. The law defines the obligations of owners of buildings, structures, structures, residential buildings and other facilities to ensure that, before January 1, 2012, all of these facilities are equipped with meters for the water, natural gas, thermal energy, electrical energy used and the commissioning of these devices (Article 13 and etc.).

Implementation of the requirements of this Law will increase the effectiveness of measures to suppress unauthorized connection to energy resources. Article 9.16 was introduced into the Code of Administrative Offenses of the Russian Federation, establishing liability for violation of legislation on energy saving and increasing energy efficiency (see commentary to Article 9.16).

Regulatory legal acts The Government of the Russian Federation and the Ministry of Energy of the Russian Federation have established delivery rules specific types energy resources, the procedure for connecting facilities to centralized gas supply, heat supply, water supply and electrical networks, the procedure for concluding relevant agreements, setting tariffs (see, for example: Rules for gas supply to ensure communal needs citizens, approved by the Resolution Government of the Russian Federation dated July 21, 2008 N 549).

3. The subjective side of the actions provided for in the commented article is characterized by intent.

4. Cases of unauthorized connection to energy networks, oil pipelines, oil product pipelines and gas pipelines, as well as unauthorized (unaccounted for) use of electrical, thermal energy, oil, gas and oil products are considered by judges (Part 1 of Article 23.1).

Protocols on administrative offenses are drawn up by officials of internal affairs bodies (police) (clause 1, part 2, article 28.3), as well as in relation to officials and legal entities- officials of the State Energy Supervision (clause 38, part 2, article 28.3).

Unauthorized connection to electrical networks, heating networks, oil pipelines, oil product pipelines and gas pipelines, as well as unauthorized (unaccounted) use of electrical, thermal energy, oil, gas or oil products, if these actions do not contain a criminal offense -
(Paragraph as amended, put into effect on January 1, 2016 by Federal Law of November 3, 2015 N 307-FZ.

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 rubles.

(Paragraph as amended, put into effect on January 1, 2016 by Federal Law of November 3, 2015 N 307-FZ.

Commentary on Article 7.19 of the Code of Administrative Offenses of the Russian Federation

1. The object of the offense is relations in the field of energy saving and gas supply. The commented article is intended to ensure the effective use of strategic types of energy resources.

For the sphere of relations regulated by this article, the key ones are the Federal Law of April 3, 1996 N 28-FZ “On Energy Saving” and the Federal Law of March 31, 1999 N 69-FZ “On Gas Supply in the Russian Federation”.

The grounds and procedure for consumption, as well as accounting for electrical and thermal energy, are regulated by the Rules for the use of gas and the provision of gas supply services in the Russian Federation, approved by Decree of the Government of the Russian Federation of May 17, 2002 N 317, the Rules for Gas Accounting of October 14, 1996, the Rules for Heat Accounting energy and coolants dated September 12, 1995, Electric Energy Accounting Rules dated September 26, 1996, Instructions on the procedure for approving the use of electric boilers and other electric heating devices dated November 24, 1992.

2. The objective side of this offense consists of the following illegal actions: unauthorized connection to energy networks, oil pipelines, oil product pipelines and gas pipelines; unauthorized (unaccounted) use of electrical, thermal energy, oil, gas or petroleum products.

Unauthorized connection to energy networks, oil pipelines and gas pipelines without the appropriate permission of the authorized bodies of state energy supervision is recognized.

Unauthorized use means the use of energy and gas without permission from the energy supply or gas supply organization, respectively.

The consumer is obliged to submit a corresponding application to the energy supply organization and to obtain permission to turn on new electrical wiring in residential buildings that were previously in use, or in houses owned by individual citizens as personal property, as well as electrical wiring in garden plots, in garages for personal cars and etc.

The qualifying feature of an administrative offense under Art. 7.19 of the Code of Administrative Offenses of the Russian Federation, is the action of unauthorized connection to energy networks, as well as the unauthorized (unaccounted) use of electrical energy, in which no damage is caused by the offender. Examples include the following:

During the construction of his house, a citizen did not comply with the technical conditions and arbitrarily connected the newly built electrical installation of this house to the organization’s networks without obtaining the latter’s consent, while he did not cause harm to the organization by consuming electricity through the meter and paying for it;

The citizen’s electricity meter was out of order, but he again paid for the electricity consumed and did not cause damage to the organization.

With regard to the distinction between administrative and criminal liability, the following example is indicative. The Sestroretsk Federal District Court of St. Petersburg considered a criminal case involving N.V. Ivanov for committing a crime under Art. 165, part 2, Criminal Code of the Russian Federation, and V.V. Sokolov for committing a crime under Art. 165, part 3, clause “c”, Criminal Code of the Russian Federation. The defense lawyer's request that, according to the Administrative Code, the actions of the defendants became an administrative offense, was supported by the state prosecutor. Guided by Part 2 of Art. 24 of the Code of Criminal Procedure of the Russian Federation, according to which a criminal case is subject to termination in the case when, before the verdict entered into legal force, the crime and punishability of the act were eliminated by a new criminal law, as well as part 3 of the said article, the Sestroretsk court issued a resolution to terminate the criminal case and the criminal persecution.

In the ruling, the court indicated that according to the case materials and the indictment, defendants V.V. Sokolov and N.V. Ivanov was accused by the preliminary investigation authorities of committing an act of causing property damage to the owner of the property by deception in the absence of signs of theft by a group of persons by prior conspiracy and repeatedly. At the court hearing it was established that defendants V.V. Sokolov and N.V. Ivanov is accused by the preliminary investigation authorities of having unauthorizedly connected to the power supply network in violation of the energy supply contract and used electrical energy without accounting, in connection with which the acts accused of defendant V.V. Sokolov and N.V. Ivanov, fall under the signs of an administrative offense under Art. 7.19 Code of Administrative Offenses of the Russian Federation.

3. The subjects of this offense are citizens, officials and legal entities - users of energy networks, oil pipelines, oil product pipelines, gas pipelines.

4. The subjective side of the offense is characterized by guilt in the form of intent.

Another commentary on Article 7.19 of the Code of Administrative Offenses of the Russian Federation

1. Deliberate actions citizens, officials, legal entities, expressed in unauthorized connection to energy networks, oil pipelines, oil product pipelines and gas pipelines, as well as actions (inactions), expressed in the unaccounted use of energy resources by these persons, committed intentionally or through negligence, entail the application of administrative liability measures provided for in this article.

For the purposes of this article, gas refers to natural, petroleum (associated) and stripped dry gases produced and collected by gas and oil producing organizations and produced by gas and oil refineries.

In relation to relations in the field of merchant shipping, oil means any persistent hydrocarbon mineral oil, including crude oil, fuel oil, heavy diesel fuel and lubricating oils (Article 316 KTM).

2. For the purposes of the commented article, gas pipelines are meant as main gas pipelines, as well as gas pipeline branches owned or owned by other legally from a gas transportation organization that provides gas transportation, a gas distribution organization or other legal entities.

In accordance with the Gas Accounting Rules approved by the Ministry of Fuel and Energy of the Russian Federation (now the Ministry of Energy of the Russian Federation) on October 14, 1996, accounting for the amount of gas supplied by a supplier to a gas distribution organization or to a gas consumer (for direct supplies) must be carried out at the supplier’s metering units or gas consumer. Measuring instruments included in the set of gas metering units must have a type approval certificate from the State Standard of Russia and be verified by the state metrological service.

In the absence of metering units at the supplier, their malfunction or the absence of a valid verification stamp, the amount of gas supplied is determined according to the data of the gas distribution organization or gas consumer (by agreement of the parties).

Accounting for the amount of gas supplied by the gas distribution organization to the gas consumer must be carried out at the gas consumer's metering units.

In the absence of gas metering units at the consumer, their malfunction, or the absence of a valid verification stamp, the amount of gas supplied is determined by the design capacity of the installations, based on 24 hours of their operation per day during the malfunction of the gas metering units.

Gas metering must be carried out using a single accounting unit. As an exception, upon agreement with the supplier and gas distribution organization, it is allowed to meter gas consumption at two metering units in the event of a significant distance between the gas-using installations of gas consumers from each other.

3. Responsibility for good condition and the serviceability of measuring instruments and devices that ensure the recording of the amount of gas, as well as the control and registration of its parameters, are the responsibility of the owners specified funds(devices). Failure by these owners to comply with these responsibilities may result in administrative penalties in accordance with the commented article.

4. When supplying gas through pipeline networks, gas metering is regulated by the Rules for the supply of gas to the Russian Federation, approved by Decree of the Government of the Russian Federation of February 5, 1998 N 162.

Gas volume accounting, transferred to the buyer, V these cases is carried out by control and measuring instruments of the party transmitting gas, and is documented in a document signed by the parties in the form and within the time limits specified in the gas supply agreement.

A gas transportation agreement to a gas transportation organization that provides gas transportation, whose main gas pipelines and gas pipeline branches are owned or on other legal grounds, or to gas distribution organizations - specialized republican, regional, regional, city, interdistrict, rural organizations, engaged in the development and operation of gas supply systems for territories, providing gas to buyers, as well as providing gas transportation services, may be assigned responsibilities and powers for the reception and transmission and provision of accounting for supplied gas on behalf of the supplier (buyer). The supplier (buyer) who has entered into a gas transportation agreement notifies the counterparty about this.

In the event of a malfunction or absence of control and measuring instruments at the transmitting party, the volume of gas transferred is taken into account according to the control and measuring instruments of the receiving side, and in their absence or malfunction - according to the volume of gas consumption corresponding to the design capacity of unsealed gas consuming installations, and the time during which it was supplied gas during the period of equipment malfunction, or by another method provided for by the contract.

5. All users are obliged to rationally and efficiently use electrical and thermal energy resources. Supervision over the organization of accounting for the production and consumption of the specified fuel and energy resources is carried out by bodies and institutions of state energy supervision. Unified system Gosenergonadzor heads structural subdivision on management of state energy supervision central office Ministry of Energy of the Russian Federation. The said system includes regional departments state energy supervision (territorial bodies of the Ministry of Energy of Russia), as well as the department of state energy supervision in the constituent entities of the Russian Federation (state institutions).

In accordance with the Regulations on state energy supervision in the Russian Federation, approved by Decree of the Government of the Russian Federation of August 12, 1998 N 938, the chief state inspector for energy supervision of the Russian Federation, his deputies, senior government inspectors and state energy supervision inspectors are given the right to give organizations mandatory instructions on the installation of metering devices, systems for monitoring and regulating the consumption of fuel and energy resources.

6. In accordance with the Regulations on the procedure for implementation state control for the rational and efficient use of gas in the Russian Federation, approved by the Ministry fuel and energy of the Russian Federation (now the Ministry of Energy of the Russian Federation) February 12, 1996, implementation control powers in this area is entrusted to the Department of State Gas Inspection of the Ministry of Energy of the Russian Federation (Gosgazinspektsiya of Russia). Object control checks The State Gas Inspectorate is responsible, in particular, for compliance with gas consumption standards for own needs organizations engaged in gas production, processing, storage, and compliance acceptable standards gas losses in gas networks; compliance by gas consuming organizations with the norms and regulations for the use of gas, specific fuel consumption standards for product production.

7. Within the meaning of the commented article, we mean the unauthorized (unaccounted for) use of oil, gas and other energy resources specified in this article, the status of which is determined by Federal Law of April 3, 1996 No. 28-FZ “On Energy Saving”.

In accordance with paragraph 1 of Art. 17 Federal Law of August 8, 2001 N 128-FZ "On Licensing individual species activities" licensed types of activities include, in particular:

operation of electrical networks;

exploitation gas networks;

operation of heating networks;

transportation by main pipelines oil, gas and their products;

storage of oil, gas and their products;

processing of oil, gas and their products.

The licensing authority for these types of activities is the Russian Ministry of Energy.

In relation to the five types of activities under consideration (with the exception of activities related to the operation of gas networks) licensing requirements and the conditions imposed on licensees are determined by the relevant Regulations approved by Decree of the Government of the Russian Federation of August 28, 2002 N 637. Unauthorized (unaccounted) use by the licensee of energy resources specified in the article in question is qualified as a violation of the requirements and conditions of licensing and in accordance with Art. . 13 of the Federal Law “On Licensing of Certain Types of Activities” entails sanctions in the form of suspension of the license or its revocation, applied regardless of the bringing of the violator to administrative liability, the measures of which are established by the commented article (see also the commentary to Article 14.1).

8. See note to paragraph 5 of the commentary to Art. 5.1.

Consideration of cases of administrative offenses provided for in the commented article is assigned to officials of the Ministry of Energy of Russia and its territorial bodies that carry out state energy supervision (see commentary to Article 23.30).

Unauthorized connection to electrical networks, heating networks, oil pipelines, oil product pipelines and gas pipelines, as well as unauthorized (unaccounted) use of electrical, thermal energy, oil, gas or oil products, if these actions do not contain a criminal offense -

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 rubles.

Comments to Art. 7.19 Code of Administrative Offenses of the Russian Federation

1. Gas pipelines, oil pipelines, and energy networks are complex technical structures designed to transport, respectively, flammable gases, oil, petroleum products, and electricity from the place of their extraction or production to consumers.

Unauthorized connection to energy and gas distribution networks and oil pipelines is prohibited (see, for example, Decree of the Government of the Russian Federation of November 20, 2000 N 878 “On approval of the Rules for the protection of gas distribution networks”).

Unauthorized connection to energy networks, oil pipelines and gas pipelines without the appropriate permission of the authorized bodies of state energy supervision is recognized.

Unauthorized use means the use of energy and gas without permission from the energy supply or gas supply organization, respectively.

2. According to the Federal Law of November 23, 2009 N 261-FZ “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation,” produced, transmitted, consumed energy resources are subject to mandatory accounting using appropriate metering devices. This requirement applies to facilities connected to centralized power supply networks, centralized heat supply systems, water supply and gas supply. The law defines the obligations of owners of buildings, structures, structures, residential buildings and other facilities to ensure that, before January 1, 2012, all of these facilities are equipped with meters for the water, natural gas, thermal energy, electrical energy used and the commissioning of these devices (Article 13 and etc.).

Implementation of the requirements of this Law will increase the effectiveness of measures to suppress unauthorized connection to energy resources. Article 9.16 was introduced into the Code of Administrative Offenses of the Russian Federation, establishing liability for violation of legislation on energy saving and increasing energy efficiency (see commentary to Article 9.16).

Regulatory legal acts of the Government of the Russian Federation and the Ministry of Energy of the Russian Federation establish the rules for the supply of specific types of energy resources, the procedure for connecting facilities to centralized gas supply, heat supply, water supply and electrical networks, the procedure for concluding relevant agreements, setting tariffs (see, for example: Rules for the supply of gas for providing utilities - household needs of citizens, approved by Decree of the Government of the Russian Federation of July 21, 2008 N 549).

3. The subjective side of the actions provided for in the commented article is characterized by intent.

4. Cases of unauthorized connection to energy networks, oil pipelines, oil product pipelines and gas pipelines, as well as unauthorized (unaccounted for) use of electrical, thermal energy, oil, gas and oil products are considered by judges (Part 1 of Article 23.1).

Protocols on administrative offenses are drawn up by officials of internal affairs bodies (police) (clause 1, part 2, article 28.3), as well as in relation to officials and legal entities - officials of the State Energy Supervision (clause 38, part 2, article 28.3) .