Publication date: 11.07.2024
Protection of consumer rights in the field of public utilities
The utility sector plays an important role in ensuring comfortable living conditions and the proper functioning of buildings. Consumers of public utilities have the right to quality and uninterrupted service provision, as well as to protection of their rights in case of violation. In Ukraine, there is a set of laws and regulations that govern the relationship between consumers and utility providers, establishing the rules for the provision of services, the obligations of the parties and the mechanisms for protecting consumer rights. In this article, we will consider the main aspects of consumer protection in the field of public utilities, the regulatory framework, consumer rights, protection mechanisms and the procedure for action in case of violation of rights.
Legal and regulatory framework
Consumer protection in the field of public utilities is regulated by several key legal acts:
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, and the procedure for concluding contracts and making payments for services rendered.
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 public utilities.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the legislation on public utilities, 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 public utilities, including fraud, forgery, illegal disconnection of services, etc.
TheResolution 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 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.
Consumer rights in the field of public utilities
The main rights of consumers in the field of public utilities, as defined by Ukrainian legislation, include
Theright to receive quality services:
- Consumers have the right to receive utility services of appropriate quality that meet established norms and standards.
The right to uninterruptedservice provision:
- Consumers have the right to uninterrupted supply of utility 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 public utilities.
Theright to choose a service provider:
- Consumers have the right to choose a utility service provider under the conditions stipulated by law and to change the provider without additional costs and technical obstacles.
The right to conclude acontract:
- Consumers have the right to conclude a contract with a service provider that clearly defines the rights and obligations of the parties, the procedure for the provision of services, tariffs and other conditions.
The right toprotection of personal data:
- Consumers have the right to protect their personal data processed by utility providers from unauthorised access, alteration or disclosure.
Mechanisms for consumer protection
Ukrainian legislation provides for several mechanisms to protect consumer rights in the field of public utilities:
Appeal to the service 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 damages.
Appealto local authorities:
- Consumers can file a complaint with local authorities, which oversee the activities of utility 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.
Contacting theState Service of Ukraine for Consumer Protection:
- 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 the possibility of pre-trial settlement of disputes between consumers and service providers, including mediation, arbitration and other forms of alternative dispute resolution.
Recourseto human rights organisations:
- Consumers can turn to human rights organisations and lawyers to protect their rights and interests, whether it is a lawyer's consultation or a legal advice. 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!
