Despite the prolonged martial law, the legal regime in the sphere of housing and communal services in Ukraine remains in force, and the obligation of citizens to pay for services received has not been canceled. Particular attention deserves the situation where the maintenance of multi-apartment residential buildings is carried out by Management Companies, which, in accordance with contracts with residents, ensure the maintenance of common property, sanitary and technical maintenance, cleaning of the local territory, removal of household waste, etc.
In the first months of the large-scale armed aggression of the Russian Federation, the legislator established temporary prohibitions regarding the accrual of penalties, fines, and the termination of utility services due to the existence of debt. However, from January 1, 2024, state policy underwent changes that clearly narrowed the circle of persons covered by “communal” protection during the period of martial law.
Currently, the preferential procedure applies exclusively to residents of temporarily occupied territories, persons living or who have lived in areas of hostilities, internally displaced persons, or those whose housing has suffered destruction. For the rest of consumers, the legal regime is general: the provision of services generates an obligation for their payment.
Thus, Management Companies have every right to apply to the court with demands for the recovery of debt from residents of buildings who do not fulfill contractual obligations. As a rule, this occurs in the form of an application for the issuance of a court order. Such a document is issued by the court without summoning the parties; however, the debtor has the right to its cancellation—subject to filing a motivated application within the established timeframe.
It should be noted that judicial practice in 2024–2025 demonstrates a steady trend: courts satisfy the demands of Management Companies for the recovery of not only the principal debt but also inflationary losses, as well as the court fee in accordance with the Civil Code of Ukraine. Thus, non-payment of utility bills during the period of martial law entails not only an increase in the amount of debt but also additional financial losses for the debtor.
In cases where the debtor indeed finds themselves in difficult life circumstances, they should not ignore correspondence with the Management Company or the court. The presence of documents confirming IDP status, damage, or loss of housing can be grounds for setting aside a court order or for the installment of the execution of a court decision.
On the other hand, Management Companies should properly execute documents, maintain a register of debtors, enter into contracts with residents in writing, and promptly initiate the procedure for pre-trial settlement. This allows for avoiding protracted conflicts and maintaining the financial stability of the enterprise.
In cases of debt or a legal dispute regarding payment for housing and communal services, it is advisable for both Management Companies and consumers to seek qualified legal assistance. Proper documentation, compliance with procedural deadlines, and knowledge of current legislation are key to the effective protection of the rights and interests of the parties in such legal relationships.
