Subscriber demanded 5 million UAH for tariff increase from 150 to 375 UAH — what the court decided

The electronic communications sector in Ukraine has become a new hotspot for consumer rights disputes. From small charges for content services to multimillion lawsuits for moral damages — subscribers are trying to prove the illegality of mobile operators' actions.

Relations between electronic communications service providers and consumers are regulated by a whole system of norms: from the Civil Code of Ukraine to the specialized Law "On Electronic Communications" and the Rules for the Provision and Receipt of Telecommunication Services.

"Judicial-Legal Newspaper" will consistently review interesting cases covering a wide range of possible claims: illegal deduction of small amounts, unilateral changes in contract tariff prices, and number blocking that allegedly caused damages of 50 million hryvnias. In all cases, courts sided with the operator, raising the question: where is the boundary of business responsibility and where does consumer negligence begin?

Case No. 214/5821/25

The plaintiff, who had been a mobile operator subscriber for over 25 years, challenged the unilateral increase in the contract tariff plan price. In 2019, he subscribed to a tariff of 150 UAH per month, which he considered indefinite. However, during 2022–2024, the operator raised the price several times, first to 250, then 300, and later to 375 UAH per month, eventually changing the tariff, citing the termination of the previous one.

The plaintiff argued that the contract was concluded for 50 years and the tariff was indefinite, so the operator had no right to change the terms without his consent. He demanded the restoration of the old tariff, recovery of overpayment of 2,100 UAH, a fine of 36,203 UAH, and 5,000,000 UAH in moral damages.

The mobile operator, in turn, stated that the legislation allows the operator to independently set and change tariffs, and the subscriber was timely informed via SMS.

Considering the dispute, the Dnipro Court of Appeal, composed of a panel of judges of the civil cases chamber, concluded that the mere long term of the telecommunications service contract does not guarantee the immutability of the tariff plan throughout its validity period.

The court noted that according to the Rules for the Provision and Receipt of Telecommunication Services, the operator has the right to change tariffs provided the subscriber is properly notified no later than seven days before the changes take effect.

During the case review, it was established that the operator sent the subscriber an SMS notification about the change in service conditions and service costs. After receiving the notification, the plaintiff continued to use mobile communication and other operator services.

In the court's opinion, such actions indicate the subscriber's actual consent to the new service conditions. Therefore, there were no grounds to recognize the tariff plan changes as illegal.

Moreover, the court took into account that the plaintiff is a party to a standard contract and therefore is not entitled to propose his own contract terms, including demanding that the telecommunications operator not change the tariff plan conditions.

As a result of the case, the court dismissed the claim in full. The claims for fines and moral damages were denied as they were derivative of the demands to recognize the defendant's actions as illegal.

Courts clearly distinguish between the concepts of "contract term" and "tariff plan term." Even if the contract is concluded for 50 years, this does not mean the price of services is fixed for the entire period. The operator has the legal right to independently set and change tariffs, following the procedure of informing the subscriber no later than 7 days before changes. Since the subscriber joins the offered contract as a whole, he cannot propose his individual terms.

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