The Economic Court of Kharkiv region allowed the utility company "Complex for the removal of domestic waste" to impose empty apartments with a double tariff for garbage disposal.
In accordance with the order of the KP "Complex for the removal of domestic waste" from September 28, 2016, the owners of all vacant premises in Kharkov, for which there are no registered consumers, must pay a double tariff (for 2 residents) for the service for the removal of domestic waste.
Kharkov Regional Territorial Department of AMC decided that this is a significant violation of the law on the protection of economic competition and imposed a fine of 68 thousand UAH.
At the enterprise, this innovation was explained by the fact that the double accrual is made on "zero" apartments since September 1, 2016 solely for reasons of equity - on the basis of numerous appeals of residents who regularly pay for the export of solid domestic waste, while the owners of neighboring apartments renting out their living space, the service is free because no one is registered there..
"We made this decision, because in reality there are simply no empty apartments. They are all leased out, and there live at least two or three people who also produce garbage, "explained the director of the KP" Complex for the removal of household waste "Fazil Abbasov.
KP "Complex for the removal of domestic waste" appealed against the AMCU decision in court. The court decided that in the disputed order of the communal services there is no question of changing the tariff, since the rate and cost of removal of household waste per inhabitant remains unchanged. The court also took into account that the order prescribed the possibility of recalculating the cost of services for the removal of domestic waste.
According to the KP "Complex for the removal of domestic waste, for the period from September 2016 to December 2017 for apartments with missing registered persons, more than 2 thousand recalculations for a total of 168.7 thousand. UAH, which is an average of 1, 16% of the amount of payments made and 1.02% of the accrued amount.
Judge Khozsud Elena Pogorelova decided that the controversial order is economically justified and satisfied the claim of communal services to the AMCU.
Kharkiv regional territorial department of the Antimonopoly Committee of Ukraine filed an appeal, which will be considered on July 24.
Source: 2day. kh. ua.