Letter about illegal tapping into a gas pipeline. Penalty for connecting a gas stove yourself

On January 1, 2016, all provisions of Federal Law No. 307-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Strengthening of the Payment Discipline of Consumers of Energy Resources” came into force.

The document regulates changes to the Code of Administrative Offenses, as well as to the Housing Code of the Russian Federation. The new law is designed to increase liability for late payment of energy resources: in particular, the procedure for calculating penalties (penalties) for late payment for natural gas and its transportation services is changed. Now fines are charged depending on how much consumers delay payments on bills. Penalties will be calculated according to the principle “the longer, the more expensive”.

For industrial consumers, the penalty will be 1/130 of the Central Bank refinancing rate of the amount not paid on time for each day of delay starting from the day after the due date of payment until the day of actual payment. This provision of the law came into force on December 5, 2015.

For homeowners associations and housing cooperatives, penalties for late payment of natural gas will amount to 1/300 of the refinancing rate from 31 to 90 days of delay and in the amount of 1/130 of the refinancing rate from 91 days of delay.

For management companies and heat supply organizations - 1/300 of the Central Bank refinancing rate from the 1st to the 60th day of delay, 1/170 of the rate from the 61st to the 90th day of delay and 1/130 of the Central Bank refinancing rate from the 91st day of delay from the unpaid on time amount for each day of delay.

For individuals with a delay of 31 to 90 days, the amount of current penalties remains - 1/300 of the refinancing rate of the Central Bank of the Russian Federation from the amount not paid on time for each day of delay, from the 91st day the fines will increase to 1/130.

Organizations-debtors will now be required to provide the supplier with security for the fulfillment of obligations to pay for gas in the form of a bank guarantee. In agreement with the supplier, other options are also possible, for example, in the form of a state or municipal guarantee. Violation of this obligation is subject to administrative liability. The head of the enterprise may be fined from 40 to 100 thousand rubles, or disqualified from 2 to 3 years. The fine for a legal entity will be from 100 to 300 thousand rubles. The fine for a legal entity will be from 100 to 300 thousand rubles.

Also, the new law significantly increased the amount of fines for unauthorized connection to gas networks and unauthorized use of gas. For citizens, the fine will be from 10 to 15 thousand rubles instead of the previous 3-4 thousand. For legal entities, the amount of the fine increased to 100-200 thousand rubles, for officials up to 30-80 thousand rubles, or disqualification of the head for a period of 1 to 2 years.

In addition, administrative liability is introduced for violation by the consumer of the imposed full or partial restriction of gas supply, or the refusal of the head of a legal entity to introduce an independent restriction of gas consumption in connection with the legal requirement of the supplier. The fine for legal entities will be from 100 to 200 thousand rubles, for officials from 10 to 100 thousand rubles, or disqualification for a period of 2 to 3 years.

In addition to administrative liability, unauthorized connection to the gas supply system is the basis for initiating a criminal case under Article 158 of the Criminal Code of the Russian Federation, which can result in serious sanctions: from a fine of over 100 thousand rubles to imprisonment for up to 6 years.

What is the maximum fine for unauthorized gas connection of the Republic of Kazakhstan.

Code of Administrative Offenses of the Republic of Kazakhstan Part 1 Article 127.
Illegal connection, use of energy or water
1. Illegal connection, use of electrical and (or) thermal energy -
entail a fine on individuals in the amount of fifty, on officials, individual entrepreneurs - in the amount of one hundred, on legal entities that are subjects of small or medium-sized businesses or non-profit organizations - in the amount of two hundred, on legal entities that are subjects of large entrepreneurship - in the amount of in the amount of five hundred monthly calculation indices.

If it is difficult for you to formulate a question, call the free multi-channel phone 8 800 505-91-11 a lawyer will help you

We were turned off the gas for non-payment. Private house. What will be the penalty for unauthorized connection?

Hello. You may have administrative liability under Article 7.19 of the Code of Administrative Offenses of the Russian Federation

Unauthorized connection to electric networks, heat networks, oil pipelines, oil product pipelines and gas pipelines, as well as unauthorized (unregistered) use of electrical, thermal energy, oil, gas or oil products, if these actions do not contain a criminally punishable act, - entails the imposition of an administrative fine on citizens in in the amount of ten thousand to fifteen thousand rubles; on 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 roubles.

Good luck. AT.

The following consequences have been established for the unauthorized use of gas and gas equipment:

The imposition of monetary sanctions by the supplier company in the manner prescribed by Decree of the Government of the Russian Federation of July 21, 2008 No. 549.
Imposition of a fine in accordance with article 7.19 of the Code of Administrative Offenses of the Russian Federation.
Bringing to criminal liability in accordance with Articles 158 and 109 of the Criminal Code of the Russian Federation.
In addition, if illegal actions were committed after a legal connection, then sanctions are also provided.

The use of natural gas has transformed human life, with its help we cook food, heat apartments in the winter, heat water. However, gas is a potential source of danger, therefore, only specialists can connect to the gas pipeline, dismantle the old one and install a new one, despite the seeming simplicity of this process. Moreover, they should be not just private masters, but employees of special services. Otherwise, you will be fined for unauthorized connection of the gas stove.

What are the penalties?

An exhaustive answer to the question of whether it is possible, you will find in the official document - "Rules for the use of gas in everyday life", - approved by VO Rosstroygazifikatsiya back in 1990. They regulate not only the principles of using equipment, but also responsibility for their violation.

• Produce unauthorized gasification. In this sub-item, the officials also included the rearrangement and repair of all gas household appliances.
• Make redevelopment in the premises where such devices are located.
• Independently make changes to their design, as well as change the arrangement of ventilation and smoke ducts, seal, wall up holes for cleaning chimneys.

Also in the mentioned Rules there are references to the articles of the criminal and administrative code, but for the most part they are not relevant, have lost their legal force. “Working” at the moment is Article 7.19 of the Code of Administrative Offenses of the Russian Federation, which states that for illegal connection to the highway, penalties in the amount of 10-15 thousand rubles are provided. The legal incident is that we are talking exclusively about the gas pipeline, but it is not clear whether the situation when the user installs new cooking equipment instead of the old one applies here. Although on the Web you can find complaints from users who were issued this fine.

What happens if you connect the gas yourself?

Punishment awaits a negligent user, not only for the unauthorized installation of a gas stove, unauthorized, and therefore punishable, is also considered to be connected to the gas main. This structure is one of the complex ones, gas is supplied in it under different pressures. I wonder what penalty you face in this case? It is specified in article 7.19 of the Code of Administrative Offenses of the Russian Federation and its amount reaches 15 thousand rubles.

Also, do not forget about liability for violation of fire safety rules, which can be both administrative and criminal, depending on the severity of the damage.

In order not to violate the letter of the law, to avoid the prospect of paying a rather large fine and even criminal liability, we recommend that you act in the prescribed manner, and not deal with connection issues yourself:

1. We turn to a specialized service. There is one in every locality (Mosgaz - in the capital, Orenburggaz - respectively, in Orenburg, etc.).
2. There we write a statement addressed to the boss, in which we should state the essence of the appeal (we talk about the desire to replace the old equipment, transfer it, install it, etc.).
3. We meet with the specialist assigned to you, discuss with him, sign the estimate.
4. We pay bills for services rendered.
5. We accept the work of specialists, check the presence of seals and signatures, so that after a while we will not encounter the same problems and relieve ourselves of responsibility in case of incorrect connection.

Officially engaged in the installation and replacement of gas equipment, in addition to gas distribution organizations, have the right to private companies that have a license and permission from the SRO, whose employees have been trained and certified.

The correct connection of the gas stove will save you from many problems with regulatory authorities, and will secure your apartment.

In case of violation of the current regulations, penalties may be applied to the owners of the equipment.

What is a spontaneous connection?

Unauthorized connection can be discussed in cases where, in the presence of functioning gas equipment, the owners do not have permission. It should be obtained from an enterprise that is responsible for supplying gas to a given territory and is directly involved in the functionality of gas pipelines.

Gas pipelines are called trunk networks, which are the property of enterprises involved in the transportation and distribution of gas. They must legally own the equipment for transporting gas.

Most often, persons whose supply was cut off due to the resulting debt are connected unauthorized to the gas pipeline. Unauthorized actions may include removing plugs and seals, installing home-made elements. Some owners of houses who want to conduct gas to themselves completely install the necessary equipment, connect to the source, and only after that call representatives of the control service. Such actions are also qualified as illegal. In this case, Article 7.19 of the Code of Administrative Offenses is applied, which clearly states that if you independently connect to gas communications or use a resource without registering equipment, a fine will be imposed.

An enterprise engaged in the supply of gas sets the norms and tariffs for its consumption by consumers. With an illegal connection, if there is no agreement with the gas supply organization, the connection fee is much more expensive than with a legal procedure.

How is the connection confirmed?

In order for the connection procedure to be fixed in the manner prescribed by law, you should select the type of gas supply required for your conditions and draw up a draft technical conditions. Documents may vary depending on the object that will be gasified.

Connection will be carried out only after all documents are submitted to the gas supply organization. They are reviewed within a month. Upon completion of work, sealing of the meter and conclusion of a contract for the supply of gas is obligatory.

Unauthorized connections can be detected most often during unscheduled checks.

If an illegal connection to a gas source is detected, the representative of the regulatory authorities who discovered this fact immediately informs the management about this and tries to take measures to preserve evidence of the violation. Then he waits for the arrival of the emergency team and provides the necessary information. An act of unauthorized actions is drawn up on the offense. This act is submitted for signature to the violator.

Disconnection is made immediately, then the severity of the act is considered in court and a decision is made on how to qualify it.

Information from the Law on Punishment

According to the regulatory legal act, designated as Decree No. 549, the supply of gas resources for communal and domestic needs must be applied in strict adherence to legal norms:

The equipment must receive regular maintenance involving the labor of experienced professionals (paid service). Any installation, dismantling work with equipment is carried out exclusively with the involvement of specialists. Maintenance of communications is mandatory - users do not have the right to refuse it. For non-compliance with these conditions, penalties are provided - they can be imposed by both the supplier and the state.

Deciphering the consequences

It is worth pointing out that in case of unauthorized connection to a gas supply source without the consent of the supplier, both criminal and administrative liability may arise.

Administrative liability is the mildest of all possible punishments in this situation. Often a violation is qualified as theft of resources - then we are talking about a criminal act. Liability in this case may come under Art. 109 or Art. 158 (part 3), of the Criminal Code, the punishment for which will be imprisonment for up to 2 years.

The most terrible option is recognized as actions, the consequences of which were human suffering. If the equipment is connected in violation of the law, no one knows about its presence, and this may negatively respond when roadworks, excavations, and other similar actions are carried out at this site. If gas equipment outlets are mounted by incompetent people, most often this is done with violations. In case of accidental mechanical damage to the equipment, there is a high risk of explosion, which can lead to human casualties. In this case, both the violator and the gas service workers may suffer. In this case, criminal liability arises under Article 109 of the Criminal Code. Punishment - 5 years in prison.

Penalties and their payment for unauthorized connection

When an unauthorized gas connection is detected, the supplier company can disconnect this point from the source of resources or charge a penalty fee. Its size is determined depending on the type of connected equipment:

When installing a column, the fine will be 45 thousand rubles. When connecting a gas stove - 35 thousand rubles. Connecting equipment can be qualified as an administrative violation.

For ordinary citizens, an administrative fine of 2,000 rubles is provided. For officials, it will amount to 3-4 thousand rubles, for enterprises or organizations, its amount can be raised to 40 thousand.

How is connection punished?

If an unauthorized connection to an existing gas pipeline is detected, the gas consumption network is disconnected. Then the supplier organization has the right to apply to the Department of Internal Affairs to declare its intention to bring the violator to liability (administrative or criminal). All materials on this issue are provided, including acts on unauthorized gas consumption, calculations of damage caused to the supplier, and others that law enforcement authorities deem necessary to request. Then the case is transferred to the court, where, based on the data provided, a decision on punishment will be made.

Is there a way to avoid punishment?

Theoretically, it is possible to avoid punishment for using gas without a legal connection. For example, this can be done if you prove in court that the gas was turned off illegally. To document this fact, you should send a complaint to the prosecutor's office. But there is a high probability that the violator is poorly versed in the laws on this issue - in this case, the complaint will remain unsatisfied, and a fine will nevertheless be imposed.

You should be aware that even the fact that you did not use gas after installing the equipment yourself, but simply connected to the networks owned by the supplier company, will be considered a violation. Only payment for the consumed gas will not be required - the rest of the punishment procedure is the same.

The consequences of violations can manifest themselves as the loss of a considerable share of your budget. After you pay an administrative fine, you will also need to pay for the use of the gas pipeline, and the maximum rate will be applied in the calculations. In the most severe cases, a citizen who dares to break the law may be deprived of liberty.