An Analysis of the Judicial Practice of Review of Disputes in the Water Supply and Water Discharge Sphere

In the article, the author analyzes the judicial practice of Russian courts on the settlement of disagreements arising from the conclusion of contracts for cold water supply and sanitation between subscribers and the organization of water utilities, in terms of the application of legal norms on the establishment of the boundaries of balance ownership and operational responsibility of water and sewer networks of capital construction facilities. This analysis allowed the author to formulate a conclusion that the presence of two circumstances is fundamental in resolving disputes in this category of cases. The first is the fact that the subscriber owns water supply and sanitation networks on any legal right, and the second circumstance is the recognition by the court of Subscribers as a weak party in the legal relationship under consideration. The article also analyzes the application by the courts of paragraphs 31(1) and 31(2) of Rules No. 644, as a result of which, the need to specify these points is revealed, since in the absence of confirmation of the affiliation of water supply and sanitation networks to the Subscriber, their affiliation should be considered in conjunction with the boundaries of the land plot belonging to him.