Conclusion of direct contracts with utilities providers
https://doi.org/10.24147/2542-1514.2018.2(4).125-136
Abstract
The subject of the paper is conclusion and execution of direct contracts between consumers and utilities providers.
The main aim of the paper is to confirm or disprove the hypothesis that direct contracts between consumers and utilities providers are more convenient for utilities providers than for consumers.
The methodology of the study includes general scientific methods (analysis, synthesis, comparison, generalization, description) as well as particular academic legal methods (formal-legal analysis of theoretical and regulatory sources, interpretation of legal acts, judicial and arbitration practice).
The main results and scope of their application. The current procedure for the provision and payment of utilities is based on the concept of "performer of utilities", which are the management organizations, homeowners' associations, housing cooperatives. The performer of utilities enters into a contract with utilities provider. These utilities are acquired by the contractor at the border of its operational responsibility (on the border of an apartment building), then this resource is already provided as a utility service to final users – tenants and owners of premises in an apartment building. Consumers pay for utility services to the contractor of utilities, and he, in turn, transfers the received payments to the utilities provider (resource supplying organization). Such a scheme of contractual relations leads to problems, including the following: the performers do not enter into contracts with the utilities providers (resource-supplying organizations), thereby trying to exclude their responsibility for the quality of services; do not pay fully or partially for the supplied utility resource. In this regard, the legislation has been amended to allow direct contracts between consumers of public services and resource organizations and, accordingly, directly pay for utilities.
Conclusions. Direct contracts between consumers and utilities providers are more convenient for utilities providers than for consumers in the scope of responsibility for the poor quality of utilities.
About the Author
S. Masley
Dostoevsky Omsk State University
Russian Federation
PhD in Law, Associate Profes-sor, Department of Civil Law. SPIN-code: 7273-8504; AuthorID: 595987.
Russian Federation
PhD in Law, Associate Profes-sor, Department of Civil Law. SPIN-code: 7273-8504; AuthorID: 595987.
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Review
For citations:
Masley S. Conclusion of direct contracts with utilities providers. Law Enforcement Review. 2018;2(4):125-136. https://doi.org/10.24147/2542-1514.2018.2(4).125-136
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