After the introduction of criminal penalties for electricity theft in the Criminal Code, amendments were also made to the Code of Administrative Offenses.
According to these changes, citizens, including public officials and business owners, can be fined between 1,500 somonis and 22,500 somonis for the improper use of electricity and heat.
Previously, the draft law on amendments to the Code of Administrative Offenses was approved by the lower house of parliament, but there was no information about its approval by the upper house or the signing by President of Tajikistan Emomali Rahmon.
It was reported that the changes would be made to Article 382 of the Code of Administrative Offenses, which states that the use of electricity and heat without meters or the removal and damage of seals on them will lead to substantial fines.
The amendments outlined in the version of the Code of Administrative Offenses available on the National Center for Legislation's website do indeed include these updates.
As it had been reported earlier, the country’s Ministry of Energy and Water Resources on April 5 announced amendments to the country’s penal code, introducing prison sentences for electricity use fraud.
The amendments to the penal code followed a March 27 closed government meeting, during which President Emomali Rahmon voiced concerns over “the irrational use of electricity and losses exceeding acceptable norms” and instructed introducing criminal liability for the illegal use of electricity and failure to pay for it.
The bill, drafted by the Ministry of Justice and approved by the country’s parliament, included new article, Article 2531 , in the country’s Penal Code – causing property damage through deception or abuse of trust.
This article stipulates that altering electricity meter readings or bypassing the meter to avoid payment, if committed within one year of an administrative penalty, will result in a fine of 365 to 547 calculation units or imprisonment of up to three years (one calculation unit currently equals 75.00 somonis). If the offense is committed on a large scale, by a person using their official government position, or by a group acting in conspiracy, the punishment is a fine of 800 to 1,000 calculation units or imprisonment of three to six years, with an additional ban on holding certain government positions or engaging in certain activities for up to three years.
Offenses committed on an especially large scale or by an organized group or criminal organization are punishable by six to 10 years of imprisonment and a ban on holding certain government positions or engaging in certain activities for up to 5 years.
“Large scale” refers to property damage valued at more than 1,000 calculation units; “especially large scale” refers to property damage valued at more than 2,000 calculation units. However, if the offender, excluding especially large-scale offenses, fully compensates the material damage before the court issues a verdict, the court may impose a fine and forgo a prison sentence.
Tajikistan authorities have reportedly criminalized electricity use fraud amid energy crisis as residents of the country still face electricity rationing, scheduled usually last from early October well into spring. According to some sources, the power rationing results in economic losses of up to 3.0 percent of the country’s GDP and of up to a third of the country’s agricultural output, hampering the ability of Tajikistan’s residents to pay the rising cost of electricity. Since 2010, the cost of electricity for residential customers has reportedly increased fourfold.
