Chagin Ivan Borisovich

The problem of identifying the guaranteeing organization in the field of wastewater disposal amid the fragmentation of communal infrastructure and insufficient legal regulation is examined. The legislative criteria established by Federal Law No. 416-FZ – the technological unity of the wastewater disposal cycle and the number of connected subscribers – are analyzed, and the conflicts arising from their competition are identified. Based on an analysis of the current judicial practice of the arbitration courts of the Russian Federation, the inconsistency of law enforcement approaches in selecting the guaranteeing organization is demonstrated. Attention is paid to the problem of voluntary termination of the status of the guaranteeing organization: current legislation provides no termination mechanism, except for certain tariff regulation norms, which generates legal uncertainty. It is concluded that the simplification of the legal construction of the guaranteeing organization compared to its counterparts in the electric power and heat supply sectors has led to a lack of clear legal regulation. It is proposed to amend Federal Law No. 416-FZ to establish a hierarchy of criteria for determining the guaranteeing organization and to regulate the procedure for both voluntary and compulsory termination of its status. Proposals are formulated for the development of uniform judicial practice at the level of the Supreme Court of the Russian Federation, which would eliminate legal uncertainty and ensure the stability of civil turnover.

guaranteeing organization, wastewater disposal, centralized wastewater disposal system, tariff regulation, termination of the status of the guaranteeing organization, judicial practice

Chagin Ivan Borisovich – Candidate of Juridical Sciences, docent Department of Administrative and Financial law, Law Institute, Irkutsk State University (1, Karl Marx st., Irkutsk, 664003, Russian Federation), ORCID: 0000-0002-9055-9654, RSCI Author ID: 916844, e-mail: vanyachagin@yandex.ru

Chagin I.B. Problema opredeleniya garantiruyushchey organizatsii v otnosheniyakh po vodootvedeniyu [The problem of identifying the guaranteeing organization in wastewater disposal relations]. Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2026, no 3 (114), pp. 69–74. – DOI 10.26516/2071-8136.2026.3.69 (in Russian).

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