Publication date: 11.07.2024
Liability for violation of the rules for the provision of water supply services
Water supply is one of the most important public utilities that provides clean and safe water for drinking, cooking and sanitation. The quality and continuity of water supply are critical to the health and well-being of citizens. Violations of the rules for the provision of water services can lead to serious consequences for the population and the environment. In this article, we will look at the main aspects of liability for violations of water supply rules, the legal framework, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
The provision of water supply services in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Drinking Water and Drinking Water Supply":
- Defines the legal, economic and organisational framework for the functioning of drinking water supply systems, sets requirements for the quality of drinking water, conditions for the provision of water supply services and liability for violations of legislation in this area.
TheLaw of Ukraine "On Housing and Communal Services":
- Defines the legal, organisational and economic framework for the provision of housing and communal services, including water supply. The Law establishes the rights and obligations of consumers and service providers.
Law of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for consumer protection, establishes consumer rights, obligations of service providers and the procedure for handling consumer complaints.
Rules for the provision of centralised water supply and sewerage services:
- Establishes requirements for the quality and continuity of water supply services, the procedure for concluding contracts, metering of water consumption and payments for services provided.
Code of Administrative Offences (CAO):
- Provides for administrative liability for violation of the requirements of the legislation on the provision of water 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 water supply sector, including negligence that led to serious consequences.
Key violations of the rules for the provision of water supply services
The main violations of the rules for the provision of water supply services may include:
Failure to provideservices or provision of incomplete services:
- The absence of water supply or its incomplete provision without justified reasons, which leads to discomfort and danger for consumers.
Inadequatequality of water supply services:
- Poor water quality, the presence of impurities, non-compliance with sanitary norms and standards, which can lead to diseases and poisoning.
Violation of the terms of repair works:
- Failure to carry out repair and maintenance work on water supply networks and equipment in a timely manner, which leads to emergencies and outages.
Failure to complywith environmental safety requirements:
- The absence or improper implementation of environmental safety measures that may lead to water pollution.
Unlawful charging of payments:
- Charging for services that have not been provided or charging inflated amounts that do not correspond to actual water consumption.
Types of liability for violation of the rules for the provision of water supply services
Violations of the rules for the provision of water services can lead to different types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of water 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 is incurred in the event of material or moral damage to consumers as a result of improper water supply services. Consumers have the right to seek compensation 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 crimes in the water supply sector, such as negligence, violations of safety regulations that result in serious consequences (death or injury to 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 bringing water service providers and their employees to liability for violations of the rules for the provision of services 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 self-government bodies) 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 water supply services, hears witnesses, and conducts expert examinations to determine the amount of damage. The court decides on the compensation of damages.
Criminal procedure:
- In the event of crimes in the water 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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