Every citizen has the right to apply to the court with a claim if in the course of inaction or certain actions of state bodies, and specific persons, his rights, and interests have been violated. You can file a claim to appeal against the actions of officials of housing, and utility organizations at the applicant’s place of residence or at the place of registration of a certain organization.
All issues related to public utilities are regulated by the Law of Ukraine On citizens’ appeals. Thus, according to Article 19-20 of this law, all businesses that serve citizens, and provide their services are required to consider all applications, and complaints received from people. Besides, such organizations should devote all their efforts to solving these problems.
If a citizen has applied to the wrong address, and the organization does not deal with such issues, then the official must tell the citizen and send it to the appropriate authority. However, the law states that an official must independently apply from a citizen to the authority that deals with such problems.
The SUB and management company is not the last instance
SUB is considered the highest authority but it does not always have the ability to solve various problems. According to Article 21 Paragraph 2 of the Law of Ukraine On housing, and communal services SUB has a duty to the people to provide timely housing, and communal services of high quality according to prescribed standards, and conditions in the contract between consumers of housing services.
Besides, the SUB must fully control the technical condition of apartment buildings, and organize timely preparation for the upcoming season. Thus, the SUB is obliged to consider all complaints submitted, as well as timely recalculate payments for utilities that were marked by consumers as low-quality. The same applies to services that were partially or not provided at all.
All obligations of the housing organization are mandatory prescribed in the contract between consumers, and the sub. If the latter ignores the terms of the contract, then residents of apartment buildings have the right to file a complaint to the highest authority. In this case, we are talking about the housing, and utilities Department of the Сity Executive Committee. Complaints are accepted in writing at the address of the city Executive Committee or in electronic form (sent to the official website of the city Council).
The appeal of actions of officials of the utilities in a judicial order
Kasyanenko & Partners Law Company provides legal services for citizens who wish to challenge the actions of housing, and utility employees in an administrative court. The company’s specialists have extensive experience in resolving issues that relate to the field of administrative law, providing advice, and protection of its rights for each client.
Services provided to appeal against actions of officials of housing, and utility organizations:
- A detailed analysis of each case is carried out, and possible prospects for the client are considered.
- Assistance in the process of drafting petitions, complaints, applications, and other documents.
- Collecting the necessary documents for the transfer of the case to the court.
- Challenging the actions of housing, and utilities employees in court.
- If necessary, judicial decisions are challenged in higher instances.
Article 40 of the Constitution of Ukraine provides for the right to submit complaints and other statements in writing (collective, and individual) to state or local authorities. In turn, officials in these organizations are required to urgently review the submitted applications, and provide a response to them within the period prescribed by law.
According to Article 55 of the Constitution of Ukraine, every citizen has the right to appeal the decision or omission of officials in court. The application may be submitted to a higher authority in person or through a person authorized by it.
An appeal against inaction or actions of state or local government bodies in court have certain features that depend on the nature of the violated rights, and interests. You must file a claim in administrative courts or courts that have general jurisdiction. A well-chosen instance guarantees a quick resolution of a dispute.
As a result of the claim sent to the court, you will need to determine the nature of the dispute, and choose the right judicial authority that will be able to deal with the problem. In this case, you cannot do without professional legal advice, which is provided by Kasyanenko & Partners Law Company lawyers. If necessary, the lawyer will fully accompany his client during the resolution of disputes with illegal actions of housing, and utility officials in pre-trial, and judicial proceedings.