New obligations have been imposed on courts regarding cases related to communal services.
Medianews.az citing Trend reports that this concerns disputes over debts calculated for the use of natural gas, water, and electricity.
Specifically, in cases involving claims disputing debts calculated for the use of natural gas, water, or electricity, courts, until a final decision on the substance of the claim is issued, adopt rulings to prohibit the relevant natural monopoly entities from actions aimed at suspending the corresponding supply services and/or impose temporary measures to restore these services.
Analysis of past cases shows that when such rulings are adopted, the scope of the temporary measure is not limited to the subject matter of the claim and the disputed amount. Therefore, during the validity of the ruling prohibiting the suspension of natural gas, water, or electricity by the natural monopoly entity, the entity cannot suspend services related to new debts not covered by that measure. Some consumers exploit this situation by evading payment of their new debts, which leads to delays in payments to the state institution and negatively affects the financial sustainability of the natural monopoly entities in this sector.
For example, after a temporary measure is applied based on a claim requesting the cancellation of a 5,000 manat debt for gas use, if the consumer incurs an additional 10,000 manat new debt during court proceedings, and since the ruling does not specify the monetary limit of the temporary measure, the consumer abuses this by also not paying the newly arisen debt. This ultimately results in unnecessary and disproportionate restrictions on the rights of the natural monopoly entity.
However, such a temporary measure chosen to protect the rights of the person disputing the debt based on their application should not lead to limiting the essential rights of the other party (currently the natural monopoly entity) regarding non-disputed amounts or cause significant harm to it. According to the provisions on temporary measures of the Civil Procedural Code, the applied measure should be proportionate to the intended goals and should not result in unnecessary restrictions on the rights of the opposing party.
On the other hand, the "Rules for the Use of Electricity," "Rules for the Use of Gas," and "Rules for the Use of Water" provide that if the bill is not fully paid within one month after being presented (sent) to the consumer, the supplier has the right to suspend the service.
It has been established that in cases disputing debts calculated for the use of natural gas, water, and electricity, courts should keep in mind that the temporary measure mentioned above should be applied relative to the subject matter of the claim and the disputed amount. Also, despite applying this protective measure, the possibility that the natural monopoly entity may suspend the provision of services regarding new debts that are not part of the dispute should be considered.
The result section of rulings related to such temporary measures must clearly specify which debt amount the measure applies to (for example, until the resolution becomes final, the suspension of natural gas supply to non-residential premises with subscriber code X located at address X owned by A concerning a disputed 5,000 manat debt shall be prohibited for "Azerigaz" Production Union, and gas supply shall be restored).