THE BOUNDARIES OF THE ESTABLISHED ORDER IN THE FACE OF MAN-MADE THREATS

The Company applied to the court for the resolution of disputes, in which it asked to establish the order of repayment of current payments for the payment of electricity supplied to the debtor in the order of extraordinary satisfaction of claims (case no. A33-12081/24).

The court of first instance granted the application, recognizing the company's claim as justified.

The appeal refused to satisfy the application, given that the debtor's debt to the company relates to current payments of the fourth stage on a par with debts owed to other resource-supplying organizations, taking into account that the creditor has not confirmed the existence of exceptional circumstances leading to negative consequences, in order to avoid which it is necessary to depart from the priority established by law. 

The cassation upheld the ruling of the first instance, noting that in the case in question, the company argued that the debtor owns heating and water supply facilities, limiting the mode of electricity consumption of which would threaten to violate the rights of an indefinite circle of people to life, health and environmental well-being. 

Termination of power supply to the debtor may lead to: 

• stopping the boiler room operation,
• violation of water supply and sanitation,
• man-made accidents, which will endanger the life and health of an indefinite number of people.

A letter from the city prosecutor issued a warning to the company about the inadmissibility of violating the law by introducing a complete restriction on electricity consumption by the company to the consumer under the energy supply contract.