Publication date: 11.07.2024
Consumer protection in the energy sector
The energy sector is vital for ensuring comfortable living conditions, stable operation of enterprises and economic development. In Ukraine, consumer protection in the energy sector is governed by a set of regulations that define the rights and obligations of consumers and energy service providers, as well as the mechanisms for protecting consumer rights. In this article, we will consider the main aspects of consumer protection in the energy sector, the regulatory framework, consumer rights, protection mechanisms and the procedure for appealing against violations.
Legal and regulatory framework
Consumer protection in the energy sector in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Electricity":
- Defines the legal, economic and organisational principles of the electricity industry, sets out requirements for the provision of electricity services, and the rights and obligations of consumers and suppliers.
Law of Ukraine "On the Natural Gas Market":
- Regulates the legal framework for the functioning of the natural gas market, establishes the rights and obligations of market participants, and the conditions for the provision of natural gas supply services.
TheLaw of Ukraine "On Housing and Communal Services":
- Defines the legal, organisational and economic framework for the provision of housing and communal services, including electricity, gas and heat supply.
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.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for the Use of Electricity":
- Sets out requirements for the use of electricity, the procedure for concluding contracts, metering of electricity consumption and payments for services rendered.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for Providing Gas Supply Services to the Population":
- Defines the requirements for the provision of gas supply services, the procedure for concluding contracts, gas consumption and payments for services rendered.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the legislation on the provision of energy services, non-compliance with standards and rules of activity in this area.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for committing crimes in the energy sector, including unlawful interference with the operation of energy networks, fraud with energy resources, etc.
Basic rights of consumers in the energy sector
The fundamental rights of consumers in the energy sector, as defined by Ukrainian law, include the following:
Theright to receive quality services:
- Consumers have the right to receive energy services (electricity, gas and heat supply) of appropriate quality that meet established norms and standards.
Theright to uninterrupted service provision:
- Consumers have the right to uninterrupted energy services throughout the entire term of the contract, except for periods of scheduled maintenance or emergency situations.
Theright to accurate information:
- Consumers have the right to receive reliable, complete and understandable information about the terms of service, tariffs, volumes of service consumption and other aspects related to energy supply.
Theright to change the service provider:
- Consumers have the right to change their energy service provider without changing the terms of the contract or other technical obstacles.
Right to protection of personal data:
- Consumers have the right to protect their personal data processed by energy service providers from unauthorised access, alteration or disclosure.
Theright to apply to courts and other consumer protection authorities:
- Consumers have the right to apply to courts, consumer protection authorities, and human rights organisations to protect their rights.
Mechanisms for consumer protection
Ukrainian legislation provides for several mechanisms for consumer protection in the energy sector:
Contacting theservice provider:
- In the event of violations of their rights, consumers have the right to contact the service provider directly with a request to eliminate violations, clarify the terms of the contract, provide additional information or compensate for losses.
Appealto local authorities:
- Consumers can file a complaint with local authorities that oversee the activities of energy service providers, review complaints and take enforcement action in the event of violations.
Judicialprotection:
- Consumers have the right to file lawsuits to protect their rights, including claims for damages, compensation for non-pecuniary damage, and obligations of the service provider to remedy the violations.
Appeal to the National Energy and Utilities Regulatory Commission (NEURC):
- Consumers may apply to this body to review complaints and conduct inspections of service providers' activities in relation to consumer rights.
Pre-trial dispute resolution:
- The legislation provides for pre-trial dispute resolution between consumers and service providers, including mediation, arbitration and other forms of alternative dispute resolution.
Recourseto human rights organisations:
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