A penalty, a fine or a court: that awaits the debtors for a communal during the war

This was reported in the focus comment by the senior lawyer of LLC "YUKK" de-Jure "Ivan Topor. From the amount of debt. At the same time, there are normative acts that determine certain weakening in the order of payment and the consequences of their untimely implementation.

Therefore, to begin with, it is necessary to determine the general list of consequences in case of non -payment of debt for utilities, and then it is already possible to consider the exceptions that can be applied to a certain category of citizens during the martial law, " - said the expert. If the owner of the apartment does not pay utilities, So the provider can apply to the debtor a penalty in the amount not exceeding 0.

01% of the amount of debt at the same time that the prohibition on disconnection of utilities, penalties and penalties are stored only in temporarily occupied territories and in the combat area. to the court to recover the debt if the person refuses to pay voluntarily or conclude a restructuring contract. Collection and other costs, which are determined by the court, such as the cost of legal assistance, " - said the lawyer.

If the debtor will not pay the debt by a court decision by a court decision, then it can be charged a state or private executor. Cards and bank accounts until the debt is paid. "Utility provider may submit an executive document to a state or private contractor for compulsory debt.

It should be noted that in this case, the debtor will still be obliged to pay for the executor's services in the amount of 10% of the amount to arrest in bank accounts and to make compulsory recovery of funds that are in the account, "Ivan Topor explained. According to the lawyer, cases of alienation of apartments at the expense of payment of debts for utilities have almost never happened, as debt should be commensurate with the value of the real estate.

However, if the amount of utilities debt is so high and becomes a comparable price of real estate, then in this case the risks of alienation of real estate in the account of debt repayment are more likely. We will remind, in Ukraine no longer there is a ban on the accrual of penalties and collection of debt for housing and communal services. The Cabinet of Ministers approved the corresponding resolution in the last days of 2023.