About the legal nature and limits of the restriction and suspension of the provision of public services in case of incomplete payment by the consumer
Автор: Kuznetsova O. A., Senotrusova E. M.
Журнал: Ex jure @ex-jure
Рубрика: Частноправовые науки
Статья в выпуске: 3, 2024 года.
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The article analyzes the legal nature of measures for the restriction and suspension of the provision of public services with these measures implementation against the consumer’s debt. A conclusion is made that they belong to retaliatory measures. Their features are listed as follows: their organizational and legal nature, their implementation within the framework of established contractual relations and in connection with the malfunction of the counterparty, their being focused on temporary transformation of the structure of legal relations, the execution of stimulating, educational and security functions. The imperfection of domestic civil legislation is noted in terms of insufficient regulation of the non-jurisdictional form of protection. The limits of the implementation of restrictions and suspensions of the public services provision are listed, and in particular: proportionality of the liability to the violation, inadmissibility of violating the rights of other persons and endangering the life and health of citizens, ensuring a balance of rights and interests of consumers.
Suspension of contract execution, public services, retaliatory measures, non-jurisdictional form of protection
Короткий адрес: https://sciup.org/147244124
IDR: 147244124 | DOI: 10.17072/2619-0648-2024-3-61-74