Termination / Restriction of Water Disposal (“Plugs”) and Protection of the Rights of Citizens in Housing Relations

Abstract

In the article, based on the analysis of regulatory legal acts of various levels and law enforcement practice, there are revealed defects in the law and violations of the rights of citizens during termination / restriction of wastewater disposal. It is noted that legal acts provide for both regulatory and restrictive conditions for the termination / restriction of the provision of services in this area, which are procedurally different in terms of sources of law. It is emphasized that the procedure for the implementation of regulatory condition, consisting in the preliminary notification of interested persons, is regulated differently in sources at various levels. The authors give and analyze concrete examples of the actual consequences of the installation of plugs, and state that even in court decisions that are not in the interests of citizens, it is noted that the installation of plugs should not lead to damage to the defaulters personal property. The authors argue that in most cases there is no formal basis for stopping / limiting wastewater, since the law provides for a drainage contract, and not a contractual relationship. It is concluded that the installation of plugs in the drainage system of apartment buildings is a violation of sanitary legislation and creates the threat of the emergence and spread of infectious diseases and mass non-communicable diseases (poisoning) and formulated the basic possible requirements for the protection of violated rights.