“Lawyer on the procedure for appealing against illegal termination of heating and electricity supply Lack of electricity and heat in the winter period is not uncommon, but almost always illegal. In an explanation for the Informant, a bankruptcy and restructuring lawyer at Prykhodko and Partners, Ilya Kolesnyk, explained how to get the supplier to restore services, pay a fine, and compensate for damages. Save it, it can […]”, — write: businessua.com.ua
Lawyer on the procedure for appealing against unlawful termination of heating and electricity supply
The lack of electricity and heat in the winter period is not uncommon, but almost always illegal. In an explanation for the Informant, a bankruptcy and restructuring lawyer at Prykhodko and Partners, Ilya Kolesnyk, explained how to get the supplier to restore services, pay a fine, and compensate for damages. Save it, it can be useful for everyone.
Disconnection is considered illegal if the consumer was not warned about the termination of supply at least 10 days in advance (in accordance with the resolution of the Cabinet of Ministers of Ukraine No. 206); if there is a debt, but no written warning was given about the need to pay it; if the disconnection occurs during the heating season (for heat supply, this is prohibited, except in emergency cases); if the consumer pays for the services in full, but their supply is still stopped; if the disconnection was carried out without the registration of the relevant act and without the presence of the resident.
The sequence of actions of a citizen:
Responsibility for the performer:
- collection of fines (according to the Law “On Residential Housing”, Article 26)
- bringing to administrative responsibility (Article 188-17 of the Criminal Procedure Code)
- compensation for losses to the consumer for the period of illegal disconnection (Article 22 of the CCU)
Class action by residents against the utility There is no classic class action in Ukraine, but there is a possibility of uniting several plaintiffs within the framework of one court case (Article 50 of the Code of Criminal Procedure of Ukraine). This means that residents have the right to file a joint lawsuit if their rights are violated in the same way. Conditions under which this is possible:
- the same service (supply of electricity, water, heat, management of a residential building),
- single service provider,
- the same violation of rights (insufficient quality of heat supply, charging of inflated tariffs, disconnection of services, refusal to carry out recalculation),
Advantages of a class action:
- reduction of costs for paying court fees,
- increasing the evidence base (due to the massive nature of the violation),
- increased public attention and media pressure.
The court more often orders expert examinations due to the significant scale of the case. What can be demanded in such a lawsuit:
- recognizing the actions of the service provider as illegal,
- the obligation to provide or resume the provision of a service,
- conducting a recalculation for inadequate quality of services,
- recovery of damages, as well as compensation for moral damage,
- the obligation to comply with the terms of the contract and the requirements of legislation (in terms of communal standards).
Consumer rights in the field of housing and communal services Basic rights are defined in the Law “On Housing and Communal Services”:
The quality of the service must meet the established regulatory requirements:
- heating temperature regime – not lower than +18°C (according to resolution No. 151)
- water pressure level – according to DBN
- electricity supply – without interruptions, except for cases provided by law
In the case of providing services of inadequate quality → the consumer has the right to request a recalculation of the cost.
Each consumer has the right to obtain access to:
- information about the tariff structure
- indicators characterizing service quality
- terms of the concluded contract
- causes of service interruptions
- information about available channels for filing complaints and emergency applications
- The complaint can be submitted in writing or through the Central Administrative Court or in electronic form
- The service provider is obliged to provide an answer within 30 days
- If there is no reaction → the complaint is submitted to the NCREKP, the State Production and Consumer Service, local self-government bodies
- The consumer has the right to demand: recalculation of the cost, compensation for damages, payment of a fine of 3% for each day of delay (in accordance with Article 26 of the Law)
Where can I find information about the amount of the assigned housing subsidy for the period of the heating season? Information about the amount of the assigned housing subsidy for the period of the heating season can be viewed in the personal account on the website of the Pension Fund of Ukraine. The PFU recalculated the amount of housing subsidies for the heating season of 2025-2026.
It is possible to view all the information about the accrued subsidy in your personal account on the PFU electronic services website in the “My subsidy” section. Payment of the housing subsidy for October was made in November.
The amount of housing subsidy for October, paid in November, is calculated taking into account the cost of residential heating services (individual gas heating, electric heating, centralized heating) from the beginning of the heating period, namely from October 16 (16 days). If you are entitled to a housing subsidy, but have not yet applied for it, you can do it in one of the following ways:
- online through the PFU electronic services website or using the “PFU” mobile application;
- in person, by contacting any branch of the PFU service center;
- by sending the documents by mail to the address of the local branch of the Fund.
Information for reference
If the necessary documents are submitted by November 30 inclusive, the subsidy will be calculated from the beginning of the heating period, and if after December 1, then from the month of submission of the application.
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