Volume 04 Issue 08-2024
15
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
15-20
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article, the unique features of the legal responsibility of subscribers in the provision of mobile communication
services and according to the relevant provisions of the civil legislation of the Republic of Uzbekistan, the operator in
the obligations arising from the contract for the provision of mobile communication services in the manner and within
the period specified in the contract information is provided about the obligation to provide mobile communication
services, and the subscriber to pay for them.
KEYWORDS
Subscriber, Mobile communication, Telecommunication services, network, radiotelephone, contract.
INTRODUCTION
The main violation of the contract committed by the
subscriber is the non-fulfillment of the obligations for
the payment of fees for the services provided, that is,
the monetary obligation. The contracts concluded by
the leading mobile communication operators stipulate
such a rule that if the subscriber misses the payment
period specified in the calculation, the operator will
pay the missed payment amount (the amount that
should be paid). has the right to calculate by adding a
certain percentage of penalty for each day of the term.
According to the "Telecommunications Service
Provision Rules" applicable to the relations of mobile
Research Article
SPECIFIC CHARACTERISTICS OF LEGAL RESPONSIBILITY OF
SUBSCRIBERS IN THE PROVISION OF MOBILE COMMUNICATION
SERVICES
Submission Date:
Aug 11, 2024,
Accepted Date:
Aug 16, 2024,
Published Date:
Aug 21, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue08-03
Nizamatdinov Kayrat Keunimjayevich
Associate Professor of "Civil and Business Law" Department of Karakalpak State University, Candidate of Legal
Sciences, Nukus, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 08-2024
16
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
15-20
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
communication service provision, settlements with
subscribers and payment of mobile communication
services are carried out on the basis of tariffs for
mobile communication services. Tariffs for mobile
communication
services
are
determined
independently by operators based on the contract.
The duration of the connection on the mobile
communication network used to determine the
amount of payment is calculated from the second that
the called subscriber or the equipment with the
response signal equalized as the subscriber answered,
until the time when the conversation of the calling or
called subscriber or this equipment ends.
Mobile communication services can be paid for in cash
or by money transfer, as well as in the form of an
advance or credit report. The subscriber can make the
calculations for the payment of the specified services
at the office of the communication operator or send
the letter from the services of the postal service or
through the post office for an additional fee.
It is worth noting that the practice of concluding
contracts for the provision of mobile communication
services, such as radiotelephone, which is considered
its main form, in some contracts, in particular, the
provision of mobile communication services, in which a
mobile communication company as a provider of the
relevant service and a legal entity as a client
participates in the contract, the execution of the
contract on the basis of non-cash settlement indicates
that many disputes arise between the parties to a
certain extent. In our opinion, one of the main reasons
for this is that the terms of the settlement for the
execution of the contract are not clearly defined in the
content of the relevant contract.
For example, let's take the case heard on February 21,
2022 at the Tashkent City Economic Court. It is known
from the case materials that the plaintiff COSCOM
OJSC applied to the Tashkent inter-district court on
January 24, 2022 and demanded from the private
entrepreneur "Shirinov S.D." the principal debt of
1551350 soums, 31027 soums, state duty and 5000
soums m postal expenses, total 1587377 soums
requested to be recovered. While studying the
circumstances of the case, the court issued a ruling on
partial satisfaction of the claim, taking into account the
terms of the contract for the provision of mobile
mobile communication services for a fee and the
content of the applications of this contract between
the plaintiff and the defendant. Because, according to
the contract concluded between them, the form of
payment for the relevant service is not clearly defined
in the contract1.
It is necessary to be able to distinguish the measures of
civil liability of the subscriber for the provision of
services for a fee from other consequences of breach
of obligations under the contract. As V.P.Gribanov
noted, legal responsibility shows a huge form of
coercive influence of the state on the violator of legal
norms.
Along with this form, other forms and methods of
influencing people's behavior are also unique. For
example, there are preventive and regulatory
measures, mandatory state measures, and these
measures cannot be considered the same as legal
responsibility, because these measures do not meet
the criteria of legal responsibility2.
When we say quick action measures, it is necessary to
understand the legal means of law enforcement, which
are used directly by the person exercising the right
without turning to the competent state div as a party
to the civil-legal relations for the protection of the right
to the person who violates civil rights and obligations.
Such measures also include: unilateral refusal of the
Volume 04 Issue 08-2024
17
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
15-20
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
breached contract by the subscriber; suspension of
services due to non-payment; including changing the
subscriber's payment from credit to advance payment.
In contrast to property liability, the main task of quick
action measures is not to restore the violated property
right of the operator due to the violation of the
obligation, but to encourage the proper fulfillment of
the obligations by the subscriber. Therefore, the
harmful consequences for the obliged person, which
led to the application of prompt measures in the
elimination of committed violations, usually disappear.
Immediate action measures are used by the operator
at the time of the violation of the right, when the
violation of the obligation is still recovered and he does
not yet feel the need to take measures of property
liability or for some reason does not want to turn to the
judicial authority for the protection of the right as a last
resort.
In the conditions of the mass of the provided services,
the operator cannot afford to consider disputes
materially, for example, in court proceedings on the
payment of bills. Thus, V.P.Gribanov's quick action
measures are law enforcement measures (applied in
the event that the obliged party commits a violation of
the right), which creates a unilateral feature
(authorized person applying the right for its realization
no need to apply to the authority)3 I can agree with his
opinion. This measure can be applied only in cases
directly specified by the law or the agreement of the
parties. Their application does not deprive the debtor
party of the opportunity to challenge the correctness
of the application of these measures in the court and
economic court. The unhelpful consequences of the
use of quick action measures in the elimination of
committed violations are usually eliminated or
significantly reduced.
It should be noted that the fault of the subscriber is not
taken into account during the application of quick
action measures, but this sign appears as one of the
main conditions during the application of property
liability measures to the subscriber-natural person (a
private entrepreneur carrying out business activities or
and the legal entity is held responsible based on the
principles of risk, i.e. innocence4. However, there are
other views in the legal literature. For example, V.M.
Ogrizkov believes that property liability and quick
action measures have a single meaning, and their
difference is only in the unilateral implementation of
quick action measures. B. I. Puginsky recognizes the
measures of rapid impact as civil-legal sanctions,
because they do not create an additional legal
relationship for the parties to the violator, and do not
require the state to force them to be used.
With the inclusion of norms on alternative
performance of obligations in the content of FC (Article
250), the role of operational management measures in
the regulation of property transactions has increased.
Alternative performance of an obligation is such
performance that one of the parties must fulfill the
obligation assigned to him only after the other party
has fulfilled his obligation. Such interdependence
should be directly specified in the contract. The rights
of the parties performing alternative obligations are
ensured in connection with the actions of the other
party in connection with the performance of its
obligations.
Alternative execution is complete for various situations
that arise during the non-fulfillment or improper
fulfillment of various types of contractual obligations,
including in the absence of conditions necessary for
the description of relevant legal relations as alternative
execution under the provisions of Article 250 of the FC
is implementing the norms in a sufficiently wide
manner. V. V. Vitryansky describes other consequences
Volume 04 Issue 08-2024
18
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
15-20
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
of breach of contractual obligations (besides property
liability) several times in a different way:
1) to apply measures to the creditor, including giving
the court the right to make appropriate demands
aimed at the fulfillment of the obligation in kind by the
debtor or at his expense;
2) circumstances in which, as a result of a breach of
obligation, the creditor has the right to amend or
cancel the contract and demand compensation for the
resulting damages;
3) the occurrence of additional rights of demand,
which are not specified by the obligation, which can be
implemented by the creditor by presenting the
relevant claims in the court procedure;
4) as a result of breach of the contractual obligation
by the debtor, the creditor has the right to demand the
fulfillment of the relevant obligation before the due
date;
5) in the case of breach of the obligation by the
debtor, various measures of immediate effect
(unilateral action of the creditor on changing or
canceling the obligation) indicated with the FC - the
creditor:
a) to unilaterally refuse to fulfill the obligation;
b) to unilaterally suspend the performance of the
obligation;
v) to refuse to accept the goods, works, services
delivered by the debtor;
g) to retain the property of the debtor until he actually
fulfills the obligation specified by the contract;
d) to take possession of the debtor's property;
e) the right to apply other quick action measures
specified with the FC in accordance with certain types
of the contract;
6) other consequences of breach of contract that are
not against the law5.
From the presented description, a clear conclusion
follows in an adequate way that the consequences of a
violation of the contractual obligation do not lead to
the application of property liability measures, in
addition, other consequences can force the debtor (in
relation to property liability measures) to fulfill the
obligation as necessary and protect the rights of the
creditor in a more effective way. At the same time, it is
noteworthy to consider in a special way the liability of
minor persons using the mobile service. Because, they
also have the right to conclude a contract in case of
consent from one of their parents. In this case, the
consent of the parent expressed in writing should be
assessed as his guarantor under the contract for the
provision of mobile services.
In judicial practice, cases related to the determination
of liability for timely non-payment of service fees
provided by subscribers are many. In particular,in the
case of Tashkent inter-district Economic Court No. 4-
1001-
2201/22369 of July 14, 2022, the plaintiff “Unitel”
LLC asked the defendant “DXB United” LLC to charge
21,255,700, 60 rupees of principal debt and 468,741, 40
rupees.
From the available evidence in the case, it appears that
a communication service agreement was concluded
between the parties on August 4, 2021 No. 180385600,
according to which the plaintiff was obliged to provide
radiotelephone (cellular) services to the defendant,
and the defendant to pay the services provided on
time.
Volume 04 Issue 08-2024
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International Journal Of Law And Criminology
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2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
15-20
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
An additional agreement was also made to this
agreement, under which the defendant was given the
right to use “7 lucky numbers”for 12 months, provided
that he did not terminate the contract and pay monthly
fees. In the event of violation of these conditions, it is
established that the plaintiff has the right to collect the
full value of the “golden number”selected by the
defendant under Paragraph 6 of the additional
agreement. However, the terms of the contract were
broken by the defendant, and no payments were made
for cellular services provided between August 2021 and
November’ 2021. As a result,the defendant had a debt
of 21,255,700.60 before the plaintiff.
Based on these circumstances, the court satisfied the
claim. However, in this case, the aspect that should be
paid attention to is the conditions specified in the
contract. That is, a certain number is given to the
subscriber "on the condition of not canceling the
contract for 12 months and paying monthly payments."
The inclusion of such conditions in the contract shows
that, while giving advantage to one party, it clearly
complicates the other party.
In addition, the fact that the subscriber does not have
the right to demand the cancellation of the contract is
also contrary to the second part of Article 360 of the
FC, if it follows from the fact that this contract is
essentially a merger contract. Because this norm
stipulates that "if the contracting party is deprived of
certain rights, if the other party has the opportunity to
participate in determining the terms of the contract,
the conditions are written down that he does not
accept in his interests" he has the right to demand the
cancellation of the contract . It is clear from this that
the defendant "DXB United" LLC has the right to
demand the cancellation of this contract, and in this
case, the conditions specified in the contract by the
plaintiff "Unitel" LLC are contrary to the provisions of
the second part of Article 360 of the FC.
If we pay attention to another example of judicial
practice, we can see that the operator's claim
regarding the provision of mobile communication
services was rejected. For example, in the case No. 4-
1001-2229/22680 of the Tashkent city court on
economic affairs dated August 26, 2021, the plaintiff
"COSCOM" LLC received 1,269,879.11 so from the
defendant "Kos Mekanik ve Elektrik A.S." A claim for
debt recovery has been considered. On March 29, 2019,
a subscriber agreement No. TAS61-2019030387931 was
concluded between the plaintiff and the defendant on
the provision of cellular radiotelephone services.
Pursuant to paragraph 2.1.3 of the contract, the
plaintiff paid the subscriber a total of 301.63 US dollars,
i.e. 1269879.11 soums at the rate of the national
currency set by the Central Bank, where the claim was
submitted to the court, and fulfilled his contractual
obligations. performed correctly and properly.
However, the respondent did not properly fulfill the
obligation assigned to him and did not pay the fee for
the provided service.
The claimant informed about the initiation of a lawsuit
against the defendant in case of non-payment of this
debt. But the defendant left the application
unanswered, and because of this, this dispute arose.
The court considers that the claimant's demand for the
collection of the principal debt has been confirmed by
the case documents, but it refused to satisfy the claim,
taking into account that the principal debt was paid by
the defendant on August 14, 2022 with payment order
No. 1 . In the contract for the provision of mobile
communication services, the responsibility of the
subscriber mainly arises in cases of non-payment of the
fee for the provided service. In this case, the cases of
holding the subscriber liable on other grounds arise
from the general rules. For example, the subscriber
may be liable to the operator for damage to the
equipment provided by the operator, damage to
installed cables or lines, and other similar cases.
Volume 04 Issue 08-2024
20
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
15-20
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
REFERENCES
1.
Тошкент
туманларо
и
қ
тисодий
судининг
ҳ
аракатдаги
архив материалларидан.
2.
Грибанов В.П. Осуществление и защита
гражданских прав. –М.: 2002. –С.104
-117;
Гражданское право: Учебник / Под ред.
Е.А.Суханова. –М.: 1992. Т.1. –С.170
-171.
3.
Грибанов В.П. Осуществление и защита
гражданских прав. –М.: 2002. –С.104
-117.;
Гражданское право: Учебник / Под ред.
Е.А.Суханова. –М.: 1992. Т.1. –С.133.
4.
Ровный В.В. Проблемы единства российского
частного права. –Иркутск: 1999. –С.223
-224.
5.
Брагинский М.И., Витрянский В.В. Договорное
право: Общие положения. –М.: Проспект,
2003.
–
С.561
-567.
