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Friday, October 21, 2016

The arrest of the leaders of the wreck: will pay if the citizens compensation for inflated rates

The outrage of citizens about unreasonably increasing tariffs for housing and communal services is not only based on emotions. As it turned out, the townspeople for several years paid for out of pocket expenses of energy “certification of electricity”. Not only that, spending on this graph to the apartment owners have nothing to do, so surfaced and one more little tidbit: most certification almost didn’t run!

photo: Kirill Iskoldsky

Russia’s investigative Committee has arrested several former executives of Regional energy companies (RECs) responsible for the regulation of tariffs, and all the inhabitants of the capital felt by victims. Does this mean that every Muscovite will receive compensation for the overpayment? And if so, to what extent and how will this happen in reality?

Brief background is as follows. The Federal Antimonopoly service (FAS) since 2006 demanded that Moscow United electric grid company to certify electricity. The company, in turn, tried to get rid of this “burden”. And the same was disposed of, but only in 2015: the certification was revoked by the Supreme court. In the meantime, the court case, Regional energy Commission included the company’s expenses in the tariff for electricity. The investigation believes that if officials excluded this column, Moscow tariffs for housing and communal services would have been less. However, these things are so obvious. Arrested the former head of the Regional energy Commission and his two deputies pleaded not guilty, citing “regulations”.

— To understand conflicting departmental instructions and regulations can not really even law enforcement. I think if deeply to dig, with having aimed to open a criminal case, will have to significantly increase the staff of the Investigative Committee — said the analyst of “FINAM” Alexey Kalachev. — In reparation for Muscovites, too, as I can not believe. Who will pay? MOESK acted on the request of the Federal Antimonopoly service. Arrested former executives of the former Regional energy Commission? So they pocket yourself a fee for certification seems to be not put. REK obeyed the government of Moscow. But to the Moscow budget, it seems, no complaints.

— Original criminal case initiated on the grounds of fraud committed by an organized group or in especially large size (over a million rubles), but not against specific individuals, but in fact. Apparently, the results of further investigative action allowed to define a circle of suspects, whose actions during the investigation were reclassified from part 4 of article 159 part 3, article 285 of the Russian Criminal code “Abuse of authority causing grave consequences”, — says the lawyer Evgeny Antonov. — For this crime punishment in the form of deprivation of liberty for a term up to ten years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

Part 1 of article 42 of the Criminal procedure code of Russia under the victim understands any person to whom the crime caused physical, property, moral harm and harm of business reputation, continues the lawyer. So, all injured citizens and organizations will have the right to restitution, if the offense is proved and installed by a legally effective court decision.

Cases when victims admitted tens or even hundreds of thousands of citizens, a lot. One of the striking episodes of damage to a large number of people is, of course, the so-called “Case “MMM” by which the payments to the deceived people can continue to this day.

But do not forget that in the case of “electric.” the court needs to call each victim, and this is several million people. Our courts are swamped by this single criminal case in the years ahead. Is the game worth the candle, given that the damage caused to the citizens, is estimated at 130 million rubles. For 12 million of the capital that you will agree, more than modest — it turns out less than 11 rubles per capita, including the elderly and infants.

Alexey Kalachev believes that the case has no prospects. However, once people are arrested, the Investigative Committee will try to bring the case before the landing, and the victims and their compensation will not be anyone particularly interested in.


Regional energy Commission (REC) of Moscow was the Supervisory body empowered, in particular, tariff regulation of the electricity market. In the spring of 2016 it abolished the capital’s mayor, passing all powers to the Department of economic policy and development of the city.

Certification of electricity is the testing of electricity for compliance with the requirements of GOST. For the first time the relevant provision was introduced in the USSR in 1967 in connection with the deterioration in the quality of supply to consumers of electricity.

Energy company is an independent economic entity and pays for the certification.

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