Court settles argument regarding Yakutsk containers issue

In a significant ruling, the Fourth Arbitration Appeal Court has upheld a decision from January 29, 2024, regarding a lawsuit filed by LLC "YakutskEkoSeti" against LLC UK OZH "ZhKH Gubinskiy" in the Republic of Sakha (Yakutia). The case, which involved issues related to the management of waste containers and the safety of citizens and workers, has been ongoing since it was initially heard by the Arbitration Court of the Republic of Sakha (Yakutia) on April 3, 2024.

The lawsuit was due to improper maintenance of a waste container management organization by LLC UK OZH "ZhKH Gubinskiy". The waste containers were in such poor condition that they could cause cuts from rusty metal or tip over due to their 100% depreciation. This poor maintenance posed a threat to the lives and health of citizens and the crew responsible for waste removal.

The specific addresses under question include Yakutsk city, Lermontova St., 35/1, Petr Alekseev St., 21, 21/1; Kulakovskogo St., 4/2, 4/3; Lenin Prospect, 23, 44; Chernyshevskogo St., 22/2, 118; 202nd microdistrict, Corp. 7, Corp. 9, Corp. 16, Corp. 18, Corp. 19, Corp. 25. The rapid filling of sanitation points was a result of the poor condition of the waste containers.

The court sided with the regional operator's position and mandated the management organization to install functional waste containers at these specific addresses. The management organization disputed the lawsuit's claims, asserting that the cost of purchasing and replacing waste containers was not part of the maintenance expenses for residential buildings in multi-apartment houses. However, the court order compels the management organization to replace the existing containers with functional ones at the specified addresses.

The management organization failed to comply with the prosecutor's office's order, which was another reason for the lawsuit. The Fourth Arbitration Appeal Court has upheld both the initial decision made by the Arbitration Court of the Republic of Sakha (Yakutia) and the subsequent court order. The management organization is now responsible for bearing the court costs associated with the case.

The dispute between LLC YakutskEkoSeti and UK ZhKH Gubinskiy continues to revolve around the management of waste containers and the safety of citizens and workers. This ruling serves as a reminder of the importance of proper waste management practices and the potential consequences of negligence in this area.