Dispute Regarding Containers in Yakutsk Now Settled by the Court
In a significant ruling on April 3, 2024, the Fourth Arbitration Appeal Court upheld a decision made by the Arbitration Court of the Republic of Sakha (Yakutia). The court sided with regional operator LLC "Yakutskekoseti" in a lawsuit against LLC UK OZH "ZhKH Gubinskiy", a waste container management organization.
The lawsuit was initiated due to the improper maintenance of waste containers, which were in a state of 100% depreciation and posed a threat to the lives and health of citizens disposing of waste and the crew of the regional operator responsible for its removal. The outdated containers could cause injury or even tip over.
According to the court's decision, the management organization is now obligated to replace the current containers with functional ones at specific addresses in Yakutsk city. These addresses include Lermontova St., 35/1, Petra Alekseeva St., 21, 21/1; Kulakovskogo St., 4/2, 4/3; Lenin Prospekt, 23, 44; Chernyshevskogo St., 22/2, 118; the 202nd microdistrict, corp. 7, corp. 9, corp. 16, corp. 18, corp. 19, corp. 25.
However, the specific location of the waste containers or sanitation points was not specified in the court's decision.
The management organization disputed the claims of the lawsuit, asserting that the cost of acquiring and replacing waste containers was not included in the maintenance of residential premises. They also argued that waste containers are movable property and the container platform is not on the land plot of the Multi-apartment Building Complex (MCK).
Despite these objections, the court ruled in favour of LLC "Yakutskekoseti", mandating the management organization to bear the costs of replacing the outdated containers and covering the court costs. The responsible party for replacing the waste containers at the specified addresses in Yakutsk city is the municipal waste management service of Yakutsk city.
It is important to note that this lawsuit did not involve City, VKontakte, Classmates, WhatsApp, Telegram, or Twitter.
The rapid filling of waste at sanitation points was a direct result of the improper maintenance, which led to the deterioration of the waste containers. The court's decision aims to address this issue and ensure the safety and health of Yakutsk city's residents. The outcome of the lawsuit or any subsequent actions taken by the involved parties were not detailed in the provided paragraph.
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