Publication date: 11.07.2024
Liability for violation of the rules for the provision of public utilities
Public utilities are an important aspect of life support for the population, and their high-quality and uninterrupted provision is a key to comfortable living. Ukraine has a clear regulatory framework governing the relationship between utility providers and consumers, setting out the rights and obligations of the parties, as well as liability for breach of the rules for the provision of these services. In this article, we will review the main aspects of liability for violations of the rules for the provision of utility services, the regulatory framework, types of violations, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
Liability for violations of the rules for the provision of public utilities is regulated by a number of Ukrainian laws and regulations, including:
TheLaw of Ukraine "On Housing and Communal Services":
- Defines the legal, organisational and economic basis for the provision of housing and communal services, establishes the rights and obligations of consumers and suppliers, the procedure for concluding contracts and making payments for services provided.
TheLaw of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for consumer protection, establishes the rights of consumers, the obligations of service providers and the procedure for handling consumer complaints.
Civil Code of Ukraine:
- Establishes the general legal rules governing the conclusion, execution and termination of contracts, including contracts for the provision of housing and communal services.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the legislation on housing and communal 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 field of housing and communal services, including fraud, forgery, illegal disconnection of services, etc.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for the Provision of District Heating, Cold and Hot Water Supply and Drainage Services":
- Establishes requirements for the quality and procedure for the provision of district heating, cold and hot water supply, and sewerage services.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for the Use of Electricity for the Population":
- Regulates the provision of electricity supply services, sets out requirements for the quality of services and the procedure for making payments for electricity consumed.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for Providing Gas Supply Services to the Population":
- Defines requirements to the quality and procedure for the provision of gas supply services, establishes the procedure for concluding contracts and making payments for gas consumption.
Major violations of the rules for the provision of public utilities
The main violations of the rules for the provision of public utilities may include:
Failure toprovide services or provision of incomplete services:
- The absence of centralised heating, water supply, electricity or gas supply without justified reasons, which leads to discomfort and dissatisfaction of consumers.
Inadequatequality of utilities:
- Poor water quality, interruptions in heat supply, unstable electricity supply, poor quality gas that does not meet established norms and standards.
Violation of deadlines for works and services:
- Failure to perform repair and maintenance of utility networks in a timely manner, delays in carrying out necessary works and services.
Unlawful charging of payments:
- Charging for services that have not been provided or charging inflated amounts that do not correspond to the actual consumption of services.
Violation ofconsumer rights to information:
- Failure to comply with the requirements to provide consumers with reliable information on the terms of service, tariffs, volumes of service consumption and other aspects related to utilities.
Types of liability for violation of the rules for the provision of public utilities
Violations of the rules for the provision of public utilities may result in various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of the requirements of the legislation on public utilities, 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 utility 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 committing crimes in the utility sector, such as fraud, forgery, and illegal disconnection of services. Sanctions may include fines, imprisonment, and prohibition to engage in certain activities. Such violations are punishable by fines in the amount of 500 to 2000 tax-free minimum incomes or imprisonment for up to 10 years.So, whether you need a lawyer's advice or a lawyer's advice, it doesn't matter. 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!
- Our legal opinion and legal opinion of a lawyer, legal analysis with a lawyer online and legal advice will help you at any time! Order a document review by a lawyer and general legal analysis right now! And with the services of a lawyer's consultation and document analysis with a written consultation - you will get the whole range of necessary services!
