Publication date: 11.07.2024
Liability for violation of gas supply rules
Gas supply is one of the most important utility services that ensures comfort and safety in homes and workplaces. The proper functioning of the gas supply system is a key to preserving the lives and health of citizens and the economic stability of enterprises. Violations of the rules for the provision of gas supply services can lead to serious consequences, such as accidents, fires, explosions and other dangerous situations. In this article, we will consider the main aspects of liability for violation of gas supply rules, the regulatory framework, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
The provision of gas supply services in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On the Natural Gas Market":
- Defines the legal, economic and organisational framework for the functioning of the natural gas market, establishes the rights and obligations of market participants, and requirements for the provision of gas supply services.
Law of Ukraine "On Housing and Communal Services":
- Defines the legal, organisational and economic framework for the provision of housing and communal services, including gas supply, and establishes the rights and obligations of consumers and service providers.
Code of Gas Distribution Systems:
- Establishes requirements for the operation of gas distribution systems, technical norms and rules, the procedure for accounting and quality control of natural gas, and requirements for gas supply safety.
Safety Rules for Gas Supply Systems of Ukraine:
- Regulate the safe operation of gas supply systems, set requirements for the design, construction, installation, maintenance and repair of gas networks and equipment.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the legislation on the provision of gas supply services, non-compliance with standards and rules of activity in this area.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the gas supply sector, including negligence that led to serious consequences.
Key violations of the rules for the provision of gas supply services
The main violations of the rules for the provision of gas supply services may include:
Failure to provideservices or provision of incomplete services:
- The absence of gas supply or its incomplete provision without justified reasons, which leads to discomfort and danger for consumers.
Inadequatequality of gas supply services:
- Low gas pressure, uneven gas supply, presence of impurities in natural gas that reduce its quality and safety.
Violation of the terms of repair works:
- Failure to carry out repair and maintenance work on gas networks and equipment in a timely manner, which leads to emergencies and outages.
Failure to complywith gas supply safety requirements:
- The absence or improper implementation of safety measures that can lead to emergencies, explosions or fires.
Unlawful charging of payments:
- Charging for services that have not been provided or charging inflated amounts that do not correspond to actual gas consumption.
Types of liability for violation of the rules for the provision of gas supply services
Violations of the rules for the provision of gas supply services can lead to various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of gas supply legislation, non-compliance with standards and rules of operation. Sanctions may include fines, warnings, and temporary suspension of the service provider's activities. Such violations are subject to fines ranging from 10 to 200 tax-free minimum incomes, and in case of repeated violations - up to 500 tax-free minimum incomes.
Civil liability:
- Civil liability arises in the event of material or moral damage to consumers as a result of improper provision of gas supply services. Consumers have the right to claim damages through the courts. Liability may include compensation for material damage (lost property, repair costs, etc.) and non-pecuniary damage (psychological stress, humiliation).
Criminal liability:
- Criminal liability is incurred for committing crimes in the gas supply sector, such as negligence, violations of safety regulations that led to serious consequences (death or injury of persons, significant material damage). Sanctions may include fines, imprisonment, and a ban on engaging in certain activities. Such violations are punishable by fines in the amount of 500 to 2,000 tax-free minimum incomes or imprisonment for up to 10 years.
Procedure for bringing to liability
The procedure for holding gas supply service providers and their employees liable for violations of the service provision rules depends on the type of violation and the form of liability:
Administrative procedure:
- Administrative offences may be detected during inspections by regulatory authorities (State Energy Supervision Inspectorate of Ukraine, local authorities) or following complaints from consumers. If violations are detected, an administrative report is drawn up and reviewed by the competent authority. After reviewing the protocol, a decision is made to impose administrative sanctions.
Civil procedure:
- In the event of material or moral damage, consumers may file a lawsuit for damages. The court examines evidence of improper gas supply services, hears witnesses, and conducts expert examinations to determine the amount of damage. The court makes a decision on compensation for damages.
Criminal procedure:
- In case of crimes committed in the gas supply sector, victims or other interested parties may file a criminal complaint with law enforcement agencies. Law enforcement agencies conduct investigations, collect evidence, and question witnesses and suspects. If the fact of a crime is established, the case is referred to the court for consideration. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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