Publication date: 11.06.2024
Protection of rights to public utilities: legal aspects and dispute resolution practice
Introduction
Consumers' rights to utilities are an important element of ensuring a decent standard of living. In Ukraine, the issues of legal regulation of public utilities and consumer protection are of particular relevance in connection with the reform of the housing and utilities sector. This article examines the legal aspects of protection of rights to public utilities and analyzes the practice of dispute resolution in this area.
Legal and regulatory framework
The main legal acts regulating public utilities in Ukraine are:
The Law of Ukraine "On Housing and Communal Services":
- Defines the legal, economic and organizational framework for the provision of housing and communal services, the rights and obligations of consumers and service providers.
The Law of Ukraine "On Protection of Consumer Rights":
- Ensures the protection of consumer rights, including the right to receive quality utilities.
The Civil Code of Ukraine:
- Regulates contractual relations between consumers and utility providers.
The Law of Ukraine "On Drinking Water, Drinking Water Supply and Sewerage":
- Defines the legal and organizational framework in the field of drinking water supply and sanitation.
Resolutions of the Cabinet of Ministers of Ukraine and regulations of local authorities:
- They regulate tariffs, service delivery procedures, quality standards, etc.
Rights of consumers of public utilities
Consumers of utility services have the right to:
Receiving quality services:
- The services must meet the established quality standards and be provided without interruption.
Fair tariffs:
- Utility tariffs should be economically justified and transparent.
Information about services:
- Consumers have the right to receive complete and accurate information about the terms of service, tariffs, payment procedures, etc.
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Protection of rights in case of violations:
- In the event of a violation of consumer rights, they have the right to recover damages, receive compensation, and apply to the court or other authorities.
Mechanisms for the protection of rights
The rights of utility consumers are protected through:
Pre-trial dispute resolution:
- Consumers can file complaints with service providers, local governments, and state control bodies.
Judicial defense:
- Consumers have the right to file lawsuits to protect their rights, recover damages, and compensate for non-pecuniary damage.
Consumer protection authorities:
- Central and local executive authorities authorized to monitor compliance with consumer protection legislation.
Civil society organizations:
- Public associations and consumer associations can provide legal assistance and represent the interests of consumers in courts and other bodies.
