Client: MIIT
Project Lead: Alexander Borodkin
Team: Oleg Kachmar, Yuriy Kolos
Lawyers of Vasil Kisil & Partners successfully represented MIIT, telecommunication operator, in a dispute related to the payment for provided telecommunication services (IP telephony).
All three levels of courts held that the telecommunication company's claims relating to the payment for services were reasonable and thus recovered from the subscriber its debt, including penalties.
The courts did not accept the subscriber's arguments who claimed that it neither ordered nor consumed international telecommunication services to such an extent (international calls were made from the phone numbers assigned to such subscriber).
Likewise, the courts dismissed an agreement that there was an unauthorized tampering with the equipment, since it is subscriber’s responsibility to protect logins and passwords. Accordingly, it was the subscriber who borne all risks related to restricted information being used by third parties and all loss related thereto, which could be inflicted either to it (as subscriber) or to the operator and other persons. Thus, an unauthorized tampering with equipment is not a reason to release the subscriber from payment for the telecommunication services provided to it.
MIIT is a telecommunication operator that provides Internet, telephony, analog and digital interactive television, collocation and mail domain support services.