Legal advice

Is it possible to reduce utility bills due to war: a legal view of the situation

Photo of Oksana Oksana09.09.2024
0 154 9 minutes read

The war in Ukraine brought large-scale changes to all aspects of citizens’ lives, and one of these areas is communal services. Payments for electricity, water and heat for many Ukrainians have become not only a financial burden, but also a reflection of how hostilities directly affect the economy and the well-being of the population. Damaged infrastructure, interruptions in the supply of resources, mass evacuations of the population and the destruction of the housing stock led to drastic changes in the system of providing and paying for communal services.

In times of war, citizens often find themselves unable to pay their bills on time due to financial hardship or loss of housing, while some service companies find themselves on the brink of survival. How does legislation respond to these challenges? Is it possible to reduce utility bills in connection with military operations and the fact that no one actually lives in the apartment or house? Lawyers of the “Repeshko and Partners” Bar Association comment on these issues.

These questions are extremely painful for all Ukrainians! That week, our attention was drawn to an ad that was posted on a bulletin board near the door of one of the entrances. Based on the information that was written in black and white, the house owed a total of more than 1.6 million hryvnias to the heat networks for heating and hot water. Since we are talking about a house in the city of Kharkiv, the first thought was, who will pay the utility bills when a significant number of the residents of the house left at the beginning of hostilities? However, communication with the residents of the house gave a very disappointing picture – even in those houses where the majority of residents continue to live, the latter do not pay for communal services in principle, expecting that the state will amnesty debts due to military actions.

We note that in accordance with Article 7 of the Law of Ukraine “On Housing and Communal Services”, the consumer has the right to: non-payment of the cost of communal services (except for the supply of thermal energy) in the event of their non-use (in the absence of metering devices) during the period of temporary absence from the residential premises (other objects of immovable property) of the consumer and other persons for more than 30 calendar days, subject to documentary confirmation in accordance with the terms of contracts for the provision of communal services.

The specified norm of the article is not an innovation, it was in effect even in peacetime, and as we can see, several conditions are required for its application:

  • lack of utility metering devices;
  • absence of the consumer in the residential premises for more than 30 calendar days;
  • availability of supporting documents about the absence of the consumer in the residential premises at the specified time.

Unfortunately, this norm does not apply to the most expensive utility service, the bills for which always exceed the wildest expectations in a negative sense – the supply of thermal energy, or simply put – heating.

A controversial issue here is also regarding the rent, especially when it comes to the association of co-owners. Even in the same Kharkov, the decision of what to do by the KP “Zhilkomservice” in this situation has not yet been decided, since regardless of whether the owner lives in the apartment or not, but the roof of the house is being repaired, cockroaches and bedbugs are eaten, in case of arrival and breaking of windows window contours are closed free of charge for the owner and even in his absence not only in the city, but also in the country.

It is necessary to pay attention to one more nuance of the specified norm – the conditions prescribed in the contracts for the provision of communal services. Of course, it is unlikely that a person who ran from his hometown under fire, pulling a child by the hand and holding a cat in the other hand, took with him the contracts concluded with communal services. Therefore, we advise you to visit the official website of the relevant utility service in your city. Usually, the utility company posts a sample service contract on its website. Get to know him. Perhaps some tips on how to act in this non-standard situation can be found in the contract itself.

As for supporting documents, they can be:

  • certificate of an internally displaced person;
  • a certificate of residence abroad and being there on the records of the relevant services;
  • documents confirming the fact of working in another city or country (business trip order, employment contract, etc.);
  • certificates of treatment in another place or country;
  • a certificate of service in the ranks of the Armed Forces of Ukraine;
  • certificate of study in another city or country;
  • other documents that confirm your absence from the place of residence/registration.
See also  The Ministry of Education and Science of Ukraine has again taken up the task of updating the regulations on the certification of pedagogical workers, justifying this step by the need to improve the mechanisms of teacher evaluation. However, despite the promises to improve the educational process, the innovation raises doubts and concerns among many teachers. The impression is that instead of real support and development of the teaching staff, the new certification may become an additional tool of pressure on teachers. Are teachers ready for the new conditions? Will the new rules really contribute to improving the quality of education, or is this another bureaucratic requirement that focuses on formalities, ignoring the essence of pedagogical work? What's new in the regulation on certification of teachers The Ministry of Education and Science of Ukraine has updated the Regulation on Attestation of Pedagogical Employees (Order of the Ministry of Education and Science of Ukraine from 09.09.2022 No. 805, as amended by the Order from 10.09.2024 No. 1277) in order, according to the officials themselves, to improve the mechanism of teacher evaluation. According to the new order, the following changes were made to the regulation: regulated the issue of awarding pedagogical titles and qualification categories to teachers who do not have higher education; It has been determined that teachers who transfer to other educational institutions to work in the same positions or interrupt their work shall retain their pedagogical titles and qualification categories until the next attestation’. The procedure for the establishment of attestation commissions has been improved and the list of entities that may establish them has been defined. In particular, the possibility of establishing attestation commissions by private educational institutions and/or their founders has been envisaged; The awarding of the pedagogical titles ‘senior teacher’, ‘senior teacher’ and ‘senior educator’ has been regulated. They are awarded to teachers who, based on the results of previous attestation, have been assigned (confirmed) a qualification category not lower than ‘second category specialist’ (or the corresponding tariff category has been established) and whose work experience is more than 3 years; the assignment of such pedagogical titles is standardised: ‘teacher-methodist’, ‘teacher-methodist’, ‘educator-methodist’, ‘teacher-organiser-methodist’, ‘practical psychologist-methodist’, ‘circle leader-methodist’, ‘senior counselor-methodist’. They are assigned to teachers who work in the relevant positions and who, according to the results of previous attestation, have a qualification category not lower than ‘specialist of the highest category’ (or the corresponding tariff category is set), higher education and more than 5 years of work experience; It has been determined that level I attestation commissions may be established in educational institutions and separate structural subdivisions with at least 15 pedagogical staff; The issue of attestation of pedagogical workers who have a workload in several academic subjects has been regulated. In addition, not only taking professional development courses, but also receiving education in an institution of higher, professional pre-university education for the next 5 years will be counted as professional development. Also from now on, in case of teaching several subjects, teachers independently choose the sequence of professional development within the total volume of professional development (150 hours or 30 ECTS credits). Also according to the new order, after the certification sheet on the decision of the commission is issued, the head of the educational institution must issue a corresponding order, which is a document confirming the assignment of a qualification category or pedagogical title to a teacher. According to the Ministry of Education and Science, more detailed requirements for teachers' professional activities have now been established, which allows for an objective assessment of their work. teachers are obliged to take regular professional development courses and participate in professional seminars, which contributes to their professional development. the success of students has become an important indicator of the effectiveness of a teacher's work, encouraging teachers to improve teaching methods. more autonomy has also been granted to local attestation commissions, which allows them to take into account the region of the country. What teachers think about the renewal of attestation In turn, teachers themselves note the growth of bureaucratic procedures and the need to spend more time on preparation for such attestation. Indeed, the updated requirements for teachers are becoming more and more stringent every year. Teachers are forced to fulfil a lot of new criteria, submit a lot of documents and undergo complicated inspection procedures. But are these requirements justified? In most cases, they turn into additional bureaucracy that has nothing to do with improving the quality of teaching. On the contrary, teachers spend more and more time on reports rather than on the real development of their students. Here are a few comments indicative of the general mood of educators. "The problem is that the heads of the MES have no profile pedagogical education and none of them has worked in a regular school. That is, the object of management for them is terra incognito. So what adequate management decisions do you want from them?’, - Ihor Likarchuk, former head of the Ukrainian Centre for Education Quality Assessment, commented on the situation. Victoria Kudinova, teacher, Facebook user: ‘And maybe teachers should test the MES, we will also prepare a programme, and a quest 24/7 arrange, and lastly we will certify...’ Yarema Romaniuk, teacher, Facebook user: "Every year they change something. Apparently, the clerks from the Ministry have to show their ‘vigorous’ activity?" Teacher, Facebook user: "Thank you very much. The peddlers of the director and pedagogical councils recognise the courses or not. And people pay money and pass. This is really done for people!" Larisa Kotlyarenko, Facebook user: ‘The only + that can become and - it is the awarding of the highest category and titles in their own collective.’ However, the most painful remains another thing - despite the new requirements, the attitude to the teacher as a key figure of society has not changed. The teaching profession, which should be one of the most prestigious in the country, is still undervalued. Teachers, who are expected to deliver high results and innovative approaches to their work, continue to receive meagre salaries, often lacking even the basic resources for quality teaching. With conditions like these, it is not surprising that more and more teachers are leaving the profession. Miserable salaries, constant demands, and lack of support from the authorities - all of this makes even the most dedicated teachers consider changing careers. When the state does not value its teachers, it loses not only its personnel but also its future. After all, without competent and motivated teachers, Ukrainian education is sinking into the abyss. The paradox is that the Ministry of Education and Science constantly puts forward new requirements for the certification of teachers, but who protests the very officials who come up with ridiculous reforms? Have any of them worked in a school under real conditions? Do they realise what they demand from a teacher who, apart from the educational process, still has to solve a bunch of social problems of his students and work without proper support? The main question is: to what extent are the new certification rules really necessary? The MES does not offer concrete solutions on how to improve the working conditions of teachers or increase their motivation. Instead, attestation becomes a kind of test that a teacher has to pass every five years. But instead of supporting and developing specialists, certification turns into an additional stress factor. The new criteria do not take into account the real problems of the educational process: the decreasing number of students in classes, insufficient funding for schools, outdated teaching materials. What will happen to education in such conditions in a few years? If the trend with the outflow of teachers continues, Ukrainian schools will simply have no one to teach our children. Ukrainian education is on the threshold of dangerous changes. If the Ministry of Education and Science does not change its attitude to teachers, and the state does not recognise the importance of decent pay and working conditions for teachers, we risk losing a whole generation of quality specialists. After all, when teachers leave, it is not only empty seats in schools. The future of the country is left without support. It is time to recognise that reforms in education should start not with new requirements, but with care for those who work for children every day. Teachers deserve decent salaries, respect and real support, not another bureaucratic burden. Otherwise, attestation, which is supposed to assess professionalism, will turn into another tool of pressure that will get to those who have not yet broken down. How the process of attestation of pedagogical workers has changed Attestation of teaching staff in Ukraine has a long history, which changed in accordance with the social, political and economic conditions of the country. Over time, the process has been transformed, but its main shortcomings have remained unchanged: increasing demands on teachers without appropriate support and incentives. Let's take a look at how attestation was carried out in the past, what has changed now and how it has affected teachers. In Soviet times, attestation of teaching staff in Ukraine was a formal procedure that was aimed at ensuring that teachers met the requirements of the state education system. Attestation was based on clearly defined standards that had little to do with the actual skills and abilities of teachers. Evaluation was done more to maintain the image of the system than to improve the quality of education. The certification process was fully controlled by the state authorities. Teachers had to undergo compulsory certification at certain intervals. Attestation took place once every five years and teachers received qualification categories that affected their salaries and status in the education system. Although a system of professional development existed, it was more nominal. Most teachers took professional development courses only to fulfil formal requirements. After independence, Ukraine retained many features of the Soviet attestation system but tried to introduce certain changes over time. Until the latest changes, the attestation system remained bureaucratic. As before, attestation was carried out every five years. The main purpose was to confirm teachers' qualification categories. Teachers were evaluated by a special attestation commission, which consisted of school administration, trade union representatives and local education authorities. The assessment was based on teacher's work reports, analyses of lessons attended and documents confirming participation in seminars and professional development courses. Attestation was related to the assignment of qualification categories (specialist, specialist of the second, first and highest categories). A teacher's salary depended on the category. The process remained formal and often did not correspond to the real quality of teachers' work. Bureaucratisation and lack of funding prevented the creation of a real motivation system for teachers. Teachers were often required to report and participate in seminars without real changes in the teaching process. In 2023, the Ministry of Education and Science of Ukraine announced new changes to the Regulation on Attestation of Pedagogical Employees. The changes are aimed at improving the quality of education and simplifying the attestation process, but for many teachers they have become an additional burden. The new requirements have added even more burden to the routine work of teachers. Teachers now have to fulfil a greater number of criteria concerning both professional achievements and the use of modern technologies in teaching. An important component of the new system has been the assessment of pupils' progress. This has caused much discussion, as success depends on many factors that the teacher cannot always influence (social status of the family, material and technical support of the school, etc.). Teachers are now required to take regular refresher courses and participate in professional seminars. While this could be a positive aspect, many teachers note that they are forced to take these courses formally, with no real opportunity to put the knowledge into practice. Attestation commissions now have more autonomy, but this has also led to differences in approaches to attestation in different regions. With the increase in the number of criteria for certification, teachers are under more pressure. Many teachers complain that they have to spend more time preparing for certification than actually teaching. The constant pressure to meet new requirements and ensure high student results leads to stress and emotional burnout. Teachers note that the bureaucratic approach to assessing their work creates additional difficulties instead of support. Despite the new requirements, the financial situation for most teachers has not improved. Salaries remain low and additional responsibilities and requirements are not accompanied by appropriate financial incentives. Due to the increasing workload and lack of adequate conditions, many teachers are leaving the profession. This process only exacerbates the shortage of qualified teachers in Ukrainian schools. It is obvious that despite attempts to update the system of certification of teaching staff in Ukraine, most of the changes do not address the main problems, such as low salaries, insufficient support from the state and excessive bureaucratisation. The state should realise that in order to improve the situation it is necessary not only to introduce new criteria, but also to provide real support for teachers, in particular financial support, and to create conditions for their professional development that would meet modern requirements. Attestation of teaching staff abroad Attestation of teaching staff in foreign countries differs significantly from the Ukrainian system and can serve as an example for the introduction of more effective approaches to the assessment of teachers' professional performance. For example, in Finland, which is known for its high-quality education system, teacher certification is practically absent in the usual sense. In Finland, the emphasis is on teacher training and professional autonomy. Teachers receive a high level of academic training while they are still in higher education, as a master's degree is compulsory. However, teachers regularly participate in continuing education and professional development. At the same time, there is no formal appraisal system, but rather student learning outcomes are assessed. In turn, continuous professional development is voluntary and at the same time strongly encouraged by the state. In the US, teacher certification is regulated at the state level, so systems may vary. In general, however, the process involves: Regular reviews and evaluations. Administrators or head teachers observe lessons and evaluate teaching skills and ability to work with students. Professional development. teachers have the opportunity to take professional development courses. Many states require teachers to obtain certificates or licences to prove their knowledge and skills. Evaluation based on student performance. in some states, student performance on standardised tests is an important part of certification. This is controversial because student performance depends on many factors. Canada uses teacher evaluation systems similar to those in the United States, but with certain features. In some provinces, teachers must undergo regular observations and evaluations at different stages of their careers. For example, novice teachers undergo frequent examinations and supervision to test their ability to handle the classroom. Teachers must also undergo periodic professional development courses. As in the US, student results also affect teacher appraisals. In the UK, teacher certification is done through a system known as OFSTED (Office for Standards in Education), the national regulator of educational quality. Appraisal takes place through supervision and inspections, during which lessons are examined. Supervisors can come to lessons unannounced to assess a teacher's professionalism. Great emphasis is placed on pupils' results, progress and level of knowledge. Teachers are required to participate in professional development programmes and this is also taken into account in the appraisal process. Singapore, one of the countries with the most successful education systems, has introduced a comprehensive system of teacher appraisal and professional development. All teachers are required to undergo stages of regular performance evaluation based on the following criteria: performance evaluation - includes lesson observation, teacher self-assessment and student surveys; learning outcomes - student progress plays an important role; professional development - teachers should participate in continuous professional learning programmes, which are also taken into account in the evaluation. As we can see, foreign teacher appraisal systems show that the effectiveness of appraisal often depends on teachers' professional development, autonomy and support system. In many countries, teachers do not experience excessive pressure of bureaucracy, and the process of evaluation of their work is more aimed at helping them develop professional skills rather than punishing them. So, Ukrainian education is on the edge of the abyss, and the next innovations of the Ministry of Education and Science are only bringing it closer to disaster. The new certification requirements have become an additional burden on teachers who are exhausted by bureaucracy, low salaries and lack of real support. Instead of improving the working conditions of teachers, we see a mass exodus of professionals from a system that exhausts them. The question is, who will stand in front of the classroom tomorrow when today's teachers leave the profession? Unless we stop this process and offer real changes - higher salaries, less bureaucracy, support for professional development - Ukrainian education risks being left without those who create it. Famous personalities have long spoken about what a society without education is like, so it would be useful for officials from the MES to listen to them: "Without education, nations quickly turn into obedient slaves ’ - Jean-Jacques Rousseau. "A society that does not invest in education prepares the ground for its own decline ’ - Heinrich Heine. ‘Without education, society is a mob, easier to manipulate than to develop’- William Dubois. "A people deprived of education is like a man without eyes ’ - Konstantin Ushinsky. "Education is the most powerful weapon that can be used to change the world. Without it, the world will remain in the chains of ignorance.’ - Nelson Mandela. "The darkness of ignorance feeds all forms of evil, and lack of education feeds the darkness ’ - Thomas Jefferson. ‘Without education, society lives for today without building a future for itself ’ - John Dewey. "Education is the guardian of liberty. Without it, society will be confined to a framework of blind obedience ‘ - George Washington.

As for apartments with metering devices. These are usually gas, hot, cold water and electricity. In the presence of metering devices, payment for the consumed service is made according to the same metering devices. The main thing to do in this case is not to forget to transmit the readings of the metering devices. Since the readings in case of absence will be unchanged, there is nothing to pay accordingly. Usually, readings are taken on the website of the relevant utility service, or through controllers using messengers. Check with the neighbors whether there is a connection with the controllers of the relevant utility services in order to directly transmit meter readings.

Regarding those utility services that do not have meters, for each such utility service it is necessary to provide:

  • a copy of the passport (if the passport is in the form of an ID card, it is better to additionally add a copy of the extract from the register of the territorial community about registration);
  • a copy of the identification code;
  • a copy of the document establishing the right to the residential premises (purchase agreement, inheritance certificate, gift agreement, etc.) in the event that no one is registered in it, and you are the owner;
  • copies of documents that confirm absence in the residential premises (see the list above). If several people are registered in the residential premises, such a document must be provided for each person.
  • a corresponding statement about the absence from the residential premises for more than 30 days from the owner of the residential premises or the person in whose name a personal account has been opened or with whom a contract has been concluded by the relevant utility service.

We cannot say that this list is exhaustive, because some cities or individual communal services have their own procedures and requirements for a package of documents. So, for example, in “Vodokanal” to settle the issue of cold water, they require a certificate from Oblenergo about electricity consumption.

The next question is how best to transfer the specified package of documents to the appropriate utility service? The first thing that comes to mind, which is easier and faster, is by e-mail. But, unfortunately, with this type of shipment in the hands of the consumer, there is no evidence that any documents were somehow not sent, or were received by the relevant enterprise so unambiguously. Of course, there is no alternative to e-mail if the consumer is abroad. But in the case of such a possibility, the only recommendation on how to send the documents correctly is by Ukrposhta with a registered letter with a description and a return message in paper form. In this case, in any disputed situation, the consumer will have evidence not only of what was sent, but also of the fact that the specified shipment was clearly received and when. Better yet, the documents will be sent by e-mail and regular mail at the same time.

In the case when a person purchased an apartment or house and did not have time to reissue a personal account, or did not want to do so or did not have a desire to enter into contracts with companies that provide communal services and now believes that in the absence of a contract with a communal service, he has no and obligations to pay for communal services are categorically not rights. According to Article 7 of the Law of Ukraine “On Housing and Communal Services”, the consumer is obliged to conclude contracts for the provision of housing and communal services. Thus, according to part 5 of Article 13, the refusal of the consumer (another person who, in accordance with the contract or the law, concludes such a contract in the interests of the consumer) from concluding a contract with a utility service provider does not release him from the obligation to pay for the actually consumed utility service provided by such a provider “. Therefore, such a person is still charged for payment by communal services, that is, everything that was mentioned earlier fully applies to such citizens.

See also  Military vehicles in residential yards: what you need to know to avoid conflicts

In general, this applies to all consumers – the absence of a contract for the provision of housing and communal services is not a reason to exempt the consumer from paying utility bills in full.

Thus, in order to avoid debts for communal services or to reduce the amount of payments for communal services, citizens need to follow the following steps:

  • submit a statement to each utility service about the absence of the consumer and other persons for more than 30 calendar days in the residential premises;
  • to regularly transmit meter readings every month, even though no one really uses the service and this month’s meter readings will be the same as in the previous month;
  • regularly check information about the existence of debt, meter readings and other information through a personal account on the website of the relevant enterprise. By receiving prompt, fresh information, there is an opportunity to correct it in case of any misunderstandings.

It is a fairly common practice when the owner of the apartment is abroad, he gave the meter readings once, maybe twice, and calmed down. In this case, every month the controllers, if they did not have access to the meter, or for some other reason did not take the readings, and the owner did not transfer the readings, calculate the average rate of consumption in the given area. And here we have a situation where the owner believes that he owes nothing to anyone, and the debt for electricity for three months at 200 kW/h has already been calculated for 600.

Another important point regarding the realities of today’s life under martial law. The Cabinet of Ministers of Ukraine by resolution of March 5, 2022 “Some issues of payment for housing and communal services during martial law” prohibited:

  • to charge and collect penalties (fines, penalties), inflation charges, annual interest charged on debts incurred due to untimely and/or incomplete payment by the population for housing and communal services;
  • terminate/stop the provision of housing and communal services to the population in case of non-payment or incomplete payment.

This applies exclusively to territorial communities located in the territories where hostilities are taking place (territories of possible hostilities, active hostilities, active hostilities in which state electronic information resources operate) or temporarily occupied by the Russian Federation, according to the list approved by the order Ministry of Reintegration of Temporarily Occupied Territories. This list is currently approved by Order No. 309 of the Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine dated December 22, 2022.

Such a ban will be in effect until the date of termination of the possibility of hostilities, end of hostilities, end of temporary occupation.

Another painful issue is the housing that is located in the occupied territories and has meters, but the housing is used by the military of the Russian Federation. At the moment, there is still no clear answer as to what to do in such a situation. It is more likely that the owners will have to go through a court process in order to prove the fact that at the time when the meter rolled up huge numbers, those who were registered in the house or apartment were not there, because they were in another city in Ukraine or abroad. This is how the company providing communal services will be able to write off the debt that arose through no fault of the consumer – on the basis of a court decision. Although we believe that it is absolutely necessary to report absence in the apartment according to the described procedure. Even in such a case, when the matter goes to court, it will be one of the main proofs that the service was not used by residents of the house, outsiders from among the invaders, and the consumer warned the relevant company about it. After all, for the enterprise – the service provider, in such a case, the main thing is that there is a meter, it is sealed, the readings on it have increased, and therefore the consumer must pay for the consumption.

So, as of now, there is no specific special regulatory act that would regulate the issue of paying for communal services. Time will tell whether any additional legislation will be adopted in the future. But the main recommendation is not to wait, but to act now!

 

Photo of Oksana Oksana09.09.2024
0 154 9 minutes read
Photo of Oksana

Oksana

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