Legislation

Legal literacy provides protection in the event of misconduct from power engineers. In this section we introduce you to the so-called "protection tools" as well as share information about your responsibilities, since civilised relations require compliance with the law on all sides.

The legal framework of the Kyrgyz Republic has sufficient grounds to provide consumers with high-quality and uninterrupted electricity supply. It highlights the rules and responsibilities of the parties and provides all the tools for the protection of consumer rights.

Protection tools are available, they only need to be applied

Basic norms on the issues of power and electricity, indicated in the legislation of the Kyrgyz Republic:

Principles of activities of electricity supply organizations

Maintain safe, reliable and uninterrupted electricity supply;
Respect the interests and needs of consumers, including security issues;
Constantly improve the quality of services provided to consumers at fair prices;
Take immediate measures to consumers' complaints;
Do not damage the environment.

Law on Electricity, article 16

Quality of electricity

The quality of the energy supplied by the electricity supplying organization must comply with the requirements established by state standards and other mandatory rules or prescribed supply agreement.
In case of violation of the requirements by electricity supplier, the client has the right to refuse to pay for such energy.

Civil Code, article 490. See also the Law on Protection of Consumers' Rights, article 4

Voltage deviation from the standard value (220 volts for single-phase and 380 volts for three-phase wire) should not exceed 10%;
Voltage fluctuation in all modes, including post-accident, should not cause flicker; it should not exceed 10% of the nominal value, including voltage deviation

State standard 13109-97 “Power quality norms in public electrical systems”

The amount of electricity

The electricity supplying organization is obliged to provide the client electricity through the connected network in the amount stipulated by the contract, and in compliance with the feed regime agreed by the parties.
Electricity supply contract may provide the client the right to change the amount of energy received, provided that expenses of energy companies will be reimbursed.
In the case of household consumption, the user (citizen) is entitled to use energy in a quantity necessary for him.

Civil Code, article 489

Agreement (contract)

A contract concluded by a commercial organization and establishing its duties on the provision of products / services to everyone who needs its services (energy, health, hotel services, etc.), is recognized as a public .
Standard contract for electricity supply, approved by the Government of the Kyrgyz Republic. The provisions of the standard contract cannot be changed by any of the sides of the contract.
The price of goods, works and services, as well as terms and conditions of a public contract are set the same for all consumers, except for the provision of special benefits to certain categories of consumers (by law).
The commercial organization is not entitled to prefer one client to another in relation to the conclusion of a public contract.
In the case of household consumption, the contract is concluded with the first actual connection of the client in the prescribed manner to the connected network

Civil Code, articles386, 487,488,494

Maintenance and operation of networks and equipment

The client is obliged to ensure the proper technical condition and safety of energy networks and equipment, comply with the established energy consumption mode, and immediately inform the energy supplying organization about accidents and other violations.
In cases of domestic consumption, the duty to ensure the proper technical condition and safety of energy networks and devices which measure energy consumption is assigned to the electricity supplying company, unless otherwise provided by applicable law.

Civil Code, article 491

Distribution entity is obliged to compensate consumers financial costs for the acquisition of materials, installation/repair of equipment, listed in the fixed assets of the entity within 6 months at their own expense
Distribution entity is obliged to compensate the material damage suffered by consumers, caused by a power outage without the prior warning and power supply that does not meet the requirements of state standards.

Law on electricity, article 14

Interruption in electricity supply

Interruption in the electricity supply, termination or restriction of electricity supply is allowed by agreement of the parties, except for cases when the certified body-energy state-supervision detect defects that threaten or endanger the life and safety of citizens. Electricity supplying organization must warn the client about interruption.
Interruption in supply ... without the consent of the client and without proper warning is allowed if it is necessary to take urgent measures to prevent or eliminate the accident provided immediate notification to the client.
The fact of long term interruption of electricity supply or electricity supply that does not meet the requirements of state standards and caused material damage should be described in act, drawn up by the client together with a representative of the electricity supply company or state agency on energy issues. In case of non-arrival of the representative of the supplier within 6 hours after written notification, act may be draw up together with 3 other electricity consumers, powered by a single line.

Law on electricity, article 15-1

Appeal (amount and quality)

If any deficiencies in service supply are detected, the consumer may demand:

Elimination of defects for free;
the appropriate price reduction;
reimbursement of expenses incurred to correct deficiencies by his own or by the third parties;
full compensation for the damages caused by the shortcomings of the service rendered.

Law on protection of the rights of consumers, article 38

Penalties for the amount of electricity

In the event of interruption of electricity supply for more than one hour during a calendar month, except for force majeure, the supplier pays a penalty to the consumer, in the amount of 0.5 minimum wages.
For each subsequent interruption during the same calendar month the penalty shall be increased in 0.5 times.
In the event of interruption of electricity supply for more than 5 days during 1 calendar month provider pays the consumer a penalty of 5 minimum wages.
The amount of the penalty shall be counted as payment for the consumption of electricity and is not included in the fare.

Law on electricity, article15-1

Electricity metering

The user pays only for the amount of product received.
Amount of product provided by the seller to the consumer is measured by instruments, meters and other measuring devices, marked by state bodies for standardization and metrology.
These and other measuring devices received by the consumer are the property of the seller and they are serviced by him.

Law on protection of the rights of consumers, article 4

Payment for electricity

The consumer shall pay for electricity at the tariffs in force, on the testimony of individual electricity meter once per calendar month, in accordance with the terms of the contract.
In case of delay of payment, except for force majeure, the consumer pays a penalty in accordance with the terms of the contract.
Electricity supplying company should not allow consumers to have the debt of more than 3 months. Reimbursement of debt of more than three months is done only in the court.

Law on electricity, article15-1, point 2,3

The amount of fine is 0.5% of the debt for each day of delay

Example:

Amount of late payment – 278 som,
Payment expired 12 days ago,
Fine is – 278*0,005= 1,39 som for day,

or 16,68 som for 12 days.

The penalty may not exceed the principal debt for the consumed electricity.

Law on electricity, article 15-1

Agreement (contract)

A contract concluded by a commercial organization and establishing its duties on the provision of products / services to everyone who needs its services (energy, health, hotel services, etc.), is recognized as a public.
Standard contract for electricity supply, approved by the Government of the Kyrgyz Republic. The provisions of the standard contract cannot be changed by any of the sides of the contract.

Civil Code, article 386, Law on Electricity, article 15

The price of goods, works and services, as well as terms and conditions of a public contract are set the same for all consumers, except for the provision of special benefits to certain categories of consumers (by law).
Commercial organization shall conclude a public contract if it is possible to provide the consumer necessary goods (works, services).
The commercial organization is not entitled to prefer one client to another in relation to the conclusion of a public contract.

Civil Code, page.386

The contract on electricity supply is concluded with the client if he has electricity receiving device connected to the network of power supplier, as well as other necessary equipment and electricity metering devices that comply with technical requirements.
In the case of household consumption, the contract is concluded with the first actual connection of the client in the prescribed manner to the connected network.

Civil Code, article 487, 488, 494

Contract on electricity supply signed for a certain period is considered to be extended for the same period and under the same conditions, if neither party declares its termination or modification. When extending the contract for a new period its terms may be amended by agreement of the parties.
Consumer is not entitled to terminate the contract without prior notification of the power supply organization and the full payment of the energy used.

Civil Code, article 494

Responsibilities and penalties

Unauthorized connection to electric wires of Provider or other users, as well as violation of rules for use of electricity shall entail administrative fine on citizens - from two to five, for officials - from twenty to thirty calculated indices.
Violation of the electricity consumption modes (amount, load, etc.) shall entail administrative fine on citizens - from one to two, for officials - from two to three calculation indices.

Code on administrative responsibility, articles 432,438,440

Interruption of the power supply due to the fault of the power supply organization shall entail the imposition of an administrative fine on officials from five to ten settlement indicators.
Violation of the rules for power supply reliability of categorized consumers, which has led or could lead to the break of electricity heating, damage to the equipment / buildings or damage to the health of citizens, shall entail administrative fine of two to three calculation indices.

Code on administrative responsibility, articles 444,448

In cases of non-performance or improper performance of obligations under the contract, the side which violates obligations is obliged to compensate the damage caused.
In case of interruption in electricity supply, as a result of the control mode of energy consumption, which is carried out on the basis of the normative legal acts, electricity supplying organization is responsible for non-performance or improper performance of contractual obligations.

Civil Code, article 495

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Legislation