A businessman from Stupino city district faced illegal debt collection for waste disposal.  

Thus only with the participation of the Commissioner for the protection of the rights of entrepreneurs in the Moscow Region Vladimir Golovnev it was possible to defend the position of the businessman at the court and cancel the claim of the regoperator for non-payment.

The contract for garbage removal from the organization was concluded with LLC Kashirsky Regional Operator. However, the regoperator did not respond to the entrepreneur's repeated requests to revise the tariff, which does not correspond to the actual type of activity of the economic entity (the company sells fabrics). Couse the volume of waste from an industrial goods store cannot be compared with a grocery store. After the entrepreneur's appeal to the Commissioner, and having consideration of the case in the prosecutor's office, it turned out that the regoperator had prepared an additional agreement on the transition to the actual accounting of solid waste, but the cost of garbage collection at the same time increased 5 times, from 6 788 to 29 308 rubles. At the same time, the actual export of solid waste from the container was not carried out, and the entrepreneur was forced to conclude a contract with another organization.

Two years later, the regoperator decided to hold the entrepreneur accountable and recover the debt formed under the contract. Again the businessman was forced to turn to the Commissioner for the protection of his rights and legitimate interests.

The Business Ombudsman was involved in the case as a third party. In his position, he pointed out that the work under the contract was not performed by the regoperator, because the universal transfer documents (UPD) unilaterally issued by the regoperator cannot be a proper proof of the provision of services. And therefore, the company has no grounds for paying for services.

The court took into account the evidence presented and refused to satisfy the claim for recovery of debts and penalties from the company. The Tenth Arbitration Court of Appeal left the decision of the court of first instance unchanged, and the appeal of the regoperator was not satisfied.

- There are frequent cases of abuse of the dominant position by the regoperator and the imposition of unfavorable terms of the contract for the treatment of municipal solid waste, as well as unlawful refusals to conclude such contracts on the actual volume of garbage generated. Along with the Moscow Regional Duma and the Ministry of Housing and Communal Services, we are looking for options for this systemic problem so that business face similar situations as rarely as possible in the future, - concluded Vladimir Golovnev, the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region.