ON THE ISSUE OF CIVIL LIABILITY FOR BREACH OF CONTRACT ON THE PROVISION OF DISTRICT HEATING SERVICES

Abstract

There is scientific article is devoted to certain aspects of the occurrence of civil liability for non-performance or improper performance of the obligation to provide district heating services by the business entity – theconsumer, as the other party to the obligation. Based on the legal norms of current legislation, it is determined thatone of the main requirements for the proper implementation of this obligation is compliance with certain qualitativeand / or quantitative characteristics in the provision of district heating services, as product quality is a set of productproperties characterize its purpose, features, usefulness and ability to meet certain needs of society and products thatcover not only consumer but also technical, technological properties of products, design and artistic features, reliability,etc. It is determined that the breach of the obligation, ie its non-fulfillment or improper fulfillment, may be related to themismatch of quantitative and / or qualitative indicators of such a service as heat supply, which in turn is associated withthe corresponding temperature in the apartment. Thus, the onset of civil liability, according to the paradigm defined bylaw, where room temperature, as a quantitative and qualitative indicator, depends on the available and actual supply ofheat, is contradictory and unreasonable, as room temperature of 18 °C, can be stored in the presence and operation ofindividual electric heaters, wall thickness and other factors, even without a centralized supply of thermal energy. It isproposed to define in more detail the mechanism of consumer protection in the envisaged obligation by establishingclearer criteria at the legislative level to determine quantitative and qualitative indicators for obtaining heat supplyservices, such as supply pressure, equipment depreciation, etc., deviations and non-compliance may serve as a basisfor the occurrence of civil liability for non-performance or improper performance of the obligation.