Peculiarities of the nature of intentional non-payment for energy loss cost at electrical grid facilities

Abstract

The research subject is theoretical and practical developments of the need for legislative regulation of a legal prohibition of intentional non-payment for energy loss cost at electrical grid facilities. The research object is social relations ensuring legal protection against electrical energy misuse by electrical grid facilities. The authors study the distinction between  the non-payment for actual energy loss cost and the similar civil wrongs. Special attention is given to subjective and objective signs which should be established in order to classify the offense as the illegal use of electric energy which has caused property damage to the energy supplier. The research methodology is based on the general dialectical, logicalm formal-legal, hermeneutical, and statistical research methods. The scientific novelty of the research consists in the fact that the imposition of criminal responsibility for deliberate non-payment for electric energy loss at electrical grid facilities is an area of concern in a current law enforcement practice as it requires the establishment of an objective and subjective parties to an offence and its distinguishing from other civil wrongs. The absence of a common strategy of imposition of criminal liability on those responsible can cause the growth of the number of illegal and unreasonable decisions during a pre-investigation review, and therefore, the growth of equivalent crimes. It explains the need for the optimization of legal measures by means of amending the current Resolution of the Supreme Court Plenum, or the article 165 of the Criminal Court of the Russian Federation with a new regulation on illegal use of electric energy.