On Introduction Of Amendments To Certain Legislative Acts Of Ukraine Regarding Improvement Of Legal Regulation Ensuring The Realization Of Housing Rights Of Residents Of Hostels

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо вдосконалення правового регулювання забезпечення реалізації житлових прав мешканців гуртожитків

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/3716-17

                                                          
With a k o n u r as th n and on amendments to certain legislative acts of Ukraine regarding improvement of legal regulation ensuring the realization of housing rights of residents of the hostels (Supreme Council of Ukraine (BD), 2012, 19-20 N, 167), the Verkhovna Rada of Ukraine n o s t a n o in l I is: i. changes to legislative acts of Ukraine Third Part: 1. Article 9 of the housing code of the Ukrainian SSR (5382-10) (Supreme Council of USSR, 1983, in addition to 28 N, item 573) lay in the following wording: "citizens have the right to privatize apartments (houses) public housing, residential premises in the hostels, which are the property of the communities, or purchase them in housing cooperatives, stock trades by individual housing construction or getting the property on other grounds provided by law ".
2. Law of Ukraine "on the privatization of public housing (2424-12) (Supreme Council of Ukraine, 1992, 36 N, St. 524; 1994, N 24, cent. 182; 1997, N 12, art. 100;
2006, N 22, art. 184; 2008 N 46, St. 323; 2011, N 4, St. 22): 1) in the first paragraph of the preamble the words "housing that is in State ownership" replace the words "public housing";
2) in article 1: in part 1 of the words "apartments in hostels intended for families and unattached individuals (hereinafter-the residential area in hostels) (taking into account the provisions of article 2 of this law), replace the words" living spaces in the hostels intended for families and single persons;
Add a part of the third of the following contents: "peculiarities of privatization of premises in dormitories are determined by law";
3) in article 2: in paragraph 1 the words "rooms in hostels" replace the words "living spaces in the dorms (residential, residential blocks (section)";
points 2 and 3 put in the following: "2. Not subject to privatization: apartment-Museum; apartments (buildings), accommodation in dormitories, located in areas of closed military towns, enterprises, institutions and organizations, natural and biosphere reserves, national parks, botanical gardens, dendrologìčnih, Zoological, regional landscape parks, parks-monuments of landscape gardening art, historical and cultural reserves, museums; apartments (buildings), the living spaces in the hostels, which are in disrepair (in which it is impossible to provide a safe stay of people); apartments (rooms, houses), classified in the prescribed manner to a number of official as well as apartments (home), accommodation in dormitories, located in the zone of unconditional (obligatory) resettlement, contaminated as a result of the Chernobyl nuclear disaster.
3. Privatization of flats (houses), residential premises in dormitories, included in the plan for reconstruction this year, after its owner (owner) of the House (residence hall). Employers who lived in flats (homes), a residential area in the dorms until the beginning of reconstruction, after the reconstruction have a priority right to the privatization of these apartments (houses), residential premises in dormitories;
paragraph 4 after the words "apartment houses" add the words "living spaces in the hostels;
4) the text of article 3 to lay out in the following wording: "Privatization is carried out by: free transfer of citizens of apartments (houses), residential premises in dormitories of sanitary norms 21 square meters of total area of the employer and each Member of his family and an extra 10 square meters per family;
the sale of the surplus of the total area of apartments (houses), residential premises in dormitories to citizens of Ukraine who live in them or are placed in a queue requiring improvement of living conditions.
The transfer of the property of citizens of premises in dormitories with simultaneous them in joint ownership of a compatible auxiliary premises (premises for general use);
5) in article 5: the name lay in the following wording: "article 5. The order of calculations in the privatization of the apartment (House), dwelling in the dormitory;
second paragraph of item 4 to lay out in the following wording: "the Law on privatisation of dwellings in a dorm using a residential checks receive citizens of Ukraine legally residing in them";
6) in article 8 paragraphs 2 and 3 put in the following: "2. The transfer of apartments (houses), residential premises in dormitories is carried out in a common compatible or fractional ownership with the written consent of all adult family members who are living in this apartment (House), dwelling in the dormitory, including temporary absent, which kept the right to housing, the definition of the authorized owner of the apartment (House) , dwelling in the dorm.
3. Transfer of the apartments (houses) of the property of citizens is carried out on the basis of the decisions of the relevant organs of privatization are accepted not later than a month from the day of receipt of the application.
Transfer of premises in dormitories in the property of residents of hostels is carried out according to law ";

in paragraph 4 the words "rooms in the dormitories to replace the words" living spaces in the hostels;
5 lay in the wording: "5. The transfer of apartments (houses), residential premises in dormitories in the property with additional payment, free of charge or indemnity in accordance with article 5 of this law is issued certificate of ownership of an apartment (House), the living room in the dormitory, which is registered in the privatization process and does not require notarization;
in paragraph 7, the words "the room in the dormitory" replace the words "living room in a hostel;
items 8 and 10 lay in the following wording: "8. the cost of services from the design documents for the ownership of an apartment (House), a living room in a dorm paid citizens with rates that are set by the local bodies of the Executive power";
"10. The organs of privatization, local governments have no right to deny residents of the apartments (houses), residential premises in dormitories in the privatization of the occupied housing them, except in cases provided for by law";
in paragraph 11, the words "rooms (dormitories), replace the words" living spaces in the hostels;
7) article 10: in the title and paragraph 1 the word "rooms in the dormitories to replace the words" living spaces in the hostels;
in the first sentence of paragraph 2 the words "apartment buildings and residential areas in the residence halls are co-owners of auxiliary premises replace the words" apartment buildings and residential premises in the dorm are co-owners of auxiliary premises in a house or dorm;
paragraph 3, put in the following: "3. the owners of the apartments of apartment houses, residential premises in hostels can create associations of co-owners of multi-apartment house in accordance with the law."
3. The law of Ukraine "on ensuring the implementation of the housing rights of residents of the hostels (500-17) (Supreme Council of Ukraine, 2008, N 46, item 323): 1) part of the first, third and fourth article 1 put in the following wording:" the sphere of action of this law applies to citizens who do not have their own homes, more than five years of legally registered at the place of residence in the hostels and actually live in them ";
"The scope of this Act apply to the residence halls, which are objects of the right of State and municipal property, in addition to the dormitories, which are in charge of the commercial or operational management of military units, establishments, institutions and organizations of the armed forces of Ukraine and other military formations established in accordance with the law, the Ministry of Internal Affairs of Ukraine and the State educational institutions.
The action of this law does not apply to residence halls, which are privately owned, except the dormitories that was included in the statutory capital companies established in the process of privatization (corporatization);
2) supplement article 1 1 the following contents: "article 1-1. Definitions of terms in this law the following terms are used in the following meaning: auxiliary premises in the dormitory-accomodations, intended to ensure the operation of residence halls and public service and meet the sanitation needs of its inhabitants (kitchen, bathrooms, stair cages, lobbies, transient gateways, pozakvartirnì (pozakìmnatnì) corridors, kolâsočnì, kladovì, smìttêzbìrnì camera, lofts, cellars, mines and machine outlet shafts, cams and other technical facilities);
living room in the dormitory-a separate living quarters in the residence halls designed and suitable for permanent residence there;
residential unit (section) in the dorm-living quarters, consisting of multiple (two or more) residential rooms, which have the ability to use the auxiliary facilities in the hostel. Membership of relevant premises to the housing unit (section) is determined by the project documentation at the hostel;
accommodation in hostel-dorm room (living room, residential blocks (section), and are suitable for permanent residence;
non-residential premises in the dorm-room administrative, economic and other purposes (to hold cultural events and training, sports, leisure, catering, medical and consumer services, etc.) that are included in the residential complex of dormitories, but do not belong to the premises and are separate objects of civil legal relations ";
3) in part 1 of article 3: in paragraph 1, the words "in this law, the term" deleted;
in paragraph 2 the words "within three years from the date of its adoption of the" replace the words "within the time provided by the State program of transfer of residence to the property of local communities;
items 4, 6, 7, 9, 10 and 11, put in the following wording: "4) hostels, which was included in the statutory capital companies established in the process of privatization (corporatization), passed into the ownership of local communities in accordance with the State program of transfer of residence to the property of local communities with regard to features defined by this law;
"6) costs related to the overhaul of dormitories (integral property complexes), which transferred the property of local communities in accordance with this law, are under

due to foreseen for this in accordance with the State program of transfer of residence to the property of local communities funds to State and local budgets;
7) auxiliary premises in dormitories are transmitted in a common joint property of the owners of the premises in such hostels free of charge and not subject to privatization;
"9) maintenance of privatized and neprivatizovanih residential, non-residential and ancillary premises in dormitories and adjacent areas is carried out at the expense of their owners in the manner established by the Cabinet of Ministers of Ukraine;
10) the owners of residential and non-residential premises in dormitories are co-owners of auxiliary premises in dormitories, technical equipment, external landscaping and are required to participate in the General costs associated with maintaining the dormitory and House territory, according to its share in the main hall of residence;
11) the owners of residential and non-residential premises in the dorms can create associations of co-owners of multi-apartment house in accordance with the law ";
supplement paragraph 11-1 the following contents: "11-1) citizens who legally registered at the place of their stay in the dormitory and actually living in it, have the right, if you have the consent of the owner of the hostel, for funds to repair residential and auxiliary rooms in the dormitory with the following compensation made them in the order established by the Cabinet of Ministers of Ukraine";
4) article 4 is put in the following: "article 4. Implementation of the inhabitants of a hostel housing rights by the privatization of residential premises in dormitories 1. Citizens, which covered by this law, are entitled to the privatisation of residential premises in the hostels, which are owned by local communities and can be privatized according to law.
The privatisation of residential premises in dormitories is carried out according to the law of Ukraine "on the privatization of public housing (2424-12) taking into account the features defined by this law.
2. Citizens who legally reside in the hostels of the State form of ownership, hostels, which was included in the statutory capital companies established in the process of privatization (corporatization), acquire the right to privatisation of dwellings in such hostels after the transfer of the property of the respective territorial community ";
5) in part 1 of article 5 of the first paragraph: the words "habitable premises (rooms) and uninhabited premises (public places) in the dormitories, transmitted (and those that are subject to transfer under this law), replace the words" of residential and non-residential premises in dormitories, transferred ";
in paragraph 5, in subparagraph "a": in the first sentence the words "inhabited and uninhabited" replace the words "residential and nonresidential;
in the second sentence the words "inhabited and subsidiary exclude;
in subparagraph "b" words "inhabited and subsidiary" replace the word "residential";
sub-items "c" and "g" to lay out in the following wording: ") pereprofìlûvati hostel and use the integral property complex of the former dormitory for another purpose. In this case, the Board makes decisions at the same time to ensure the legitimate inhabitants of such dorms to other housing in accordance with the law;
g) to demolish the integral property complex of the former hostel and to take measures for the construction of the liberated land for social housing or the sale of land by auction in accordance with the laws of the land. In this case, the Board makes decisions at the same time to ensure the legitimate inhabitants of such dorms to other housing in accordance with the law ";
item 6 to lay out in the following wording: "6) transfer of premises in dormitories in the property of citizens is carried out on the basis of the decision of local government";
item "b" item 7 Add the words "and which are covered by this law;
item 8 lay in the wording: "8) for privatization of premises in dormitories used privatization paper-living checks (in the manner prescribed by the law of Ukraine" on the privatization of public housing ") (2424-12) taking into account the residual value of all premises that are subject to privatization in the dormitory;
6) articles 6 and 7 put in the following wording: "article 6. The right of owners of privatised dwellings in the dormitory on the auxiliary facilities in the hostel and the responsibility for their maintenance 1. Owners of residential premises in the dorm are co-owners of auxiliary premises in dormitories and are required to participate in the General costs associated with maintaining the House and House territory, according to its share in the property. Auxiliary room in the dorm are transmitted in a common compatible property donated separately and not subject to privatization.
2. Now, auxiliary rooms in the dormitory must not discourage others in the pravomìrnomu use of such facilities.
3. Maintenance of auxiliary premises in dormitories and adjacent areas is carried out in the manner established by the Cabinet of Ministers of Ukraine.
Article 7. The Association of owners of the hostel owners of residential and non-residential premises in the dorms can

create an Association of owners of apartment building in accordance with the law ";
7) second paragraph of part three article 9 lay in the following wording: "the contract of hiring social housing shall be concluded between the authority of local governments or authorized body and najmačem or authorized person";
8) article 14 to lay out in the following wording: article 14. The specifics of the transfer of residence of the property communities 1. Residence halls (as integral property complexes), which are covered by this law, shall be the property of the respective territorial communities.
2. The residence halls of the State form of ownership in the property of local communities are transmitted free of charge.
3. Dormitories that was included in the statutory capital companies established in the process of privatization (corporatization), passed into the ownership of the local community on condition of a prior full compensation cost hostel or free of charge, subject to the consent of the owner of the hostel.
The size of the compensation cost of the dormitories is calculated according to the value of the dormitories, which were included in the statutory capital companies established in the process of privatization (corporatization), given its reduction due to accrued physical wear and increase as a result of actual owners to conduct repair during staying in hostels on their property. In the case of corporate rights of the State in registered capital of these companies the amount of compensation is determined in proportion to the amount of such rights under the law.
With the consent of the parties, the compensation cost of the hostels can be money or property (property rights).
The procedure for the determination of the amount of compensation is determined by the Cabinet of Ministers of Ukraine.
4. the decision on transfer of residence to the property of local communities are taking appropriate management bodies (empowered persons) the owners of hostels or the Court.
5. Costs associated with the transfer of residence to the property of local communities, are carried out at the expense of foreseen for this in accordance with the State program of transfer of residence to the property of local communities funds to State and local budgets;
9) in paragraph 2 of article 15 of the words "and its funding" to exclude;
10) point 19 article 18 lay in the following wording: "19) apply to the Court for the transfer of the residence to the property of local communities;
11) Chapter VIII "final provisions": in the first sentence of paragraph 3 the words ' within three years from the date of publication of this law "to replace the words" during the period of realization of the State program of transfer of residence to the property of local communities, but not less than six years from the date of publication of this Act ";
paragraph 5 Add to clause 6 of the following contents: "6) each year during the elaboration of the draft law on State budget of Ukraine include the funds necessary for the implementation of this law and Government program of transfer of residence to the property of local communities;
paragraph 6 Add to clause 5 of the following contents: "5) take measures to ensure the financing of the implementation of this law and Government program of transfer of residence to the property of local communities."
II. Final provisions 1. This Act shall take effect from the day following the day of its publication.
2. the Cabinet of Ministers of Ukraine in the MIT of the enactment of this law: to bring their regulations in conformity with this law and the adoption of regulatory legal acts stemming from this law;
ensure the enforcement of executive bodies of their regulations into conformity with this Act.
3. Local Governments to take measures for issuing orders the inhabitants of hostels, in respect of which a duly adopted a decision about providing them with living space in the dormitory, but who have not received them with independent from them.

Ukrainian President Viktor Yanukovych, Kiev, September 8, 2011 3716 N-VI