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| LAW OF UKRAINE |
About the realization of the realization of housing rights of dormitories
(Information of the Verkhovna Rada of Ukraine (VR), 2008, No. 46, pp. 323)
{With changes under the Laws
No. 3716-VI of 08.09.2011 , OB, 2012, No. 19-20, pp. 167
No. 5459-VI of 16.10.2012 , VR, 2013, No. 48, pp. 682
No. 1224-VII of 17.04.2014 , BBR, 2014, No. 26, pp. 897
No. 68-VIII of 28.12.2014 , BBR, 2015, No. 6, pp. 39
No. 766-VIII of 10.11.2015 , BBR, 2015, No. 52, pp. 482
No. 1999-VIII from 05.04.2017 , VR, 2017, No. 24, pp. 277
No. 2581-VIII of 02.10.2018 , VR, 2018, No. 46, pp. 371
No. 2669-VIII of 15.01.2019 , BBB, 2019, No. 8, pp. 44}
This Act regulates legal, master, economic, social, organizational issues on the specifics of ensuring the implementation of the constitutional right to the housing of citizens, which in the absence of their own housing for a long time on the legal grounds defined by the law, are found in the dormitories intended for the residence of single citizens or to live families, the housing of the premises in which after the transfer of hostels to the property of territorial communities can be privatized according to the law.
{Preamble to the editorial of the Law No. 1999-VIII from 05.04.2017 }
1. The scope of this Act applies to citizens and members of their families, single citizens who do not have their own housing, did not use the right to free privatisation of the public housing fund, on the legal grounds defined by this Act, all in effect. The hostel is actually living in the dormitory for a long time.
2. This Act does not apply to citizens who:
1) reside in dormitories intended for temporary accommodation, in relation to teaching, transferring or increased qualifications in educational establishments and in relation to work (service) under contract;
(2) live in the dormitory without legal grounds defined by the Act;
3) live in special hostels designed for temporary accommodation of persons who have been punished in the rule of restricting will or imprisonment and need to improve the living conditions or living area which is temporarily settled or not available Return the former living room;
(4) require medical care in relation to tuberculosis;
5) reside in dormitories that have the status of social on the day of entry into force.
3. The scope of this Act applies to hostels, which are objects of the law of state and communal property, except for hostels or in the operational management of military parts, institutions, institutions and organizations. National Guard of Ukraine, Security Service of Ukraine, State Border Service of Ukraine, Armed Forces of Ukraine and other entities in accordance with the laws of Ukraine of military formations, State Special Transport Service, Ministry of the Interior Ukraine, National Police of Ukraine, State Crime and Services of Ukraine, the State Service of the Special Communications and Protection of Information of Ukraine, the State Service of Ukraine from emergencies (except outside of military parts, institutions, institutions, organizations), public education institutions (in addition to those given the status of family-type dormitories and intended to reside on the families of teachers and workers), the National Academy of Sciences of Ukraine (except for those given the status of family-type dormitories and family members).
4. The action of this Act does not apply to hostel, built or acquired in Soviet times (until 1 December 1991) by private or collective owners for their own or involved funds (except hostels included in statutory capital). organizations created in the process of privatization or corporatization, including those that have further been transferred to the statutory capital of other legal entities or alienated in another way).
5. This Act also establishes the use of land areas necessary for the maintenance and exploitation of the dormitories on which the action is extended to the Act and their surrounding areas.
{Article 1 in accordance with the Laws No. 3716-VI of 08.09.2011 , No. 1224-VII of 17.04.2014 , No. 766-VIII of 10.11.2015 ; in the drafting of the Law No. 1999-VIII from 05.04.2017 }
For the purposes of this Act, the following are used:
1) ownership of the living room on legal grounds-the right of possession of a living room in a dormitory which extends the action of this Act, arising from privatization by residents of dormitories of living and uninhabited (residential and non-residential) premises in such dormitories according to this Act and Law of Ukraine "On the privatization of the state housing stock" and also on the basis of offenders laid down according to Civil Code of Ukraine unless otherwise prohibited by the law;
2) the dormitories included in statutory capital, are dormitories built in Soviet times (until 1 December 1991) for public funds (including the funds of public and collective enterprises and organizations) included in the statutory funds. Holdings (foundations) of economic societies and other organizations created in the process of privatization (corporatization) of the former state (communal) enterprises (organizations), including those that were further transferred to statutory capital funds (funds) other legal entities or alienated in another manner prescribed by law;
(3) The dormitory facilities in the dormitory are designed to provide the exploitation of the hostel as a residential complex and household maintenance and pleasure of the sanitar-hygienic needs of its inhabitants (cuisine, sandals, staircases). Cages, vestibule, transient gateways, apartment halls, wheelchair, clade, garbage collection cameras, gorges, cellars, mines, and machining department of elevators, ventilation chambers and other technical premises);
4) lived a room in the dormitory, a separate living room in a dormitory, intended and suitable for permanent residence in it;
5) a living unit or living section of a dormitory is a living room in a dormitory consisting of several (two and more) living rooms, whose inhabitants have the ability to use auxiliary storage facilities. The ownership of the relevant premises to a residential block or residential section is determined by the project documentation of the dormitory;
(6) living room in the dormitory-room in the dormitory (living rooms, residential blocks or housing sections), are intended and suitable according to the requirements of the housing legislation intended for permanent residence in it;
7) a dormitories-dormitory complex as a holistic estate facility (the dormitory building and/or its part, its network, withdrawn under it, its surrounding area and located on it and the buildings and structures needed to be completed) Maintenance and maintenance of a dormitory target for residents);
(8) the use of (use) in a hostel on the legal grounds defined by this Act is the right to use (use) of a living room in the dormitory, which extends the action of the Act on the basis of:
(a) The treaty of the hiring of a living room made on the basis of a special warrant issued according to the Article 129 The Housing Code of the Ukrainian SSR;
(b) The rental contract of housing made according to the Articles 810 , 811-813 Civil Code of Ukraine, in cases defined by this Act;
9) The left-place is a condition of a residential area in a dormitory (room, residential block or section), defined and allocated for temporary accommodation at the same time several single persons of the same sex, unrelated to family ta/or Family relationships. The area of one bed is determined by the owner of the dormitory per person for each type of dormitory and cannot be less than the size determined according to the sanitary rules approved by the law;
(10) The unused right to privatize-the unused wholly or partly the right to free privatization of the state housing fund behind housing checks, according to Law of Ukraine "The privatization of the State Housing Fund". The right of citizen to privatize their accommodation in the dormitory is conserved if the owner of the hostel was to resettle the citizen from one dorm to another with the pereregistration of the place of residence;
11) unresidential premises in the dormitory-premises of administrative, economic and other purpose (to conduct cultural and mass events, training, sports activities, recreation, public food, medical and household services) (a) The members of the living room are not (not classified) to the residential premises (non-residential) premises and are independent of civil-legal relations;
12) single citizens-residents of dormitories who together (jointly) live in live premises in dormitories, which extend the action of this Act, but according to the current legislation are recognized by those who are not in the family/or Family relationships;
(13) people who do not have their own housing-residents of the dormitories and members of their families who do not have any housing on the right of property in Ukraine whose size is greater than the size set to recognize them such, that need to improve residential conditions according to Article 34 The Housing Code of the Ukrainian SSR;
14) residence in the dormitories-residence in the dormitory (use of a residential area in a hostel as housing) according to this Act, namely:
(a) In the public and communal dormitories, the municipal and communal forms of property are solely for the contract of the hiring of the living room, laid on the basis of the special warrant issued according to the Article 129 The Housing Code of the Ukrainian SSR;
(b) In the dormitories of former state and communal enterprises and organizations included in the statutory capital of the economic societies created in the process of mass privatization and corporatization:
to the inclusion of such dormitories to the statutory capital of the specified societies and after the transfer of such dormitories to the communal property according to this Act-solely for the contract of the hiring of the living room laid on the basis of the special warrant, Issued by Article 129 The Housing Code of the Ukrainian SSR;
following the incorporation of such dormitories to the statutory capital of the established societies to the transfer of such dormitories in accordance with this Act-by the agreement of the hiring of the living room, laid on the basis of the special warrant issued by the According to Article 129 The Housing Code of the Ukrainian SSR, or on the basis of the contract of housing, concluded according to the Articles 810 , 811-813 The civil code of Ukraine on the request of the owner of the dormitories (his representatives), provided that the resident of the hostel or his family were all in the dormitory on the basis of the special warrant and were living in the dormitory under the contract of the hiring of the living room;
15) live in the dormitory for a long time-living in the dormitory has been continuously five and more years. The residence requirement for dormitories is not extended to members of the citizen's family, which is issued for a residential area in the dormitory and which is the main largest living room in the dormitory, as well as the inhabitants of the dormitories. The legal grounds were all in the dormitories, actually living together at least one year and became participants of the anti-terrorist operation of the Armed Forces of Ukraine, the National Guard of Ukraine, the Internal Affairs bodies of Ukraine, and the other military formations according to the law, and the volunteer formations that were formed or self-organized to protect the independence, sovereignty and territorial integrity of Ukraine.
{The law is supplemented by Article 1-1 under the Act No. 3716-VI of 08.09.2011 ; in the drafting of the Law No. 1999-VIII from 05.04.2017 }
Article 2. Direct provision of the realization of the right to housing of dormitories
Citizens who extend the action of this Act can implement the constitutional right to housing or by privatizing housing in a hostel (in cases stipulated by this Act), or by obtaining social housing (according to this Act). Law of Ukraine "On a social purpose housing fund", or by means of an independent (on its own discretion, for its own or involved funds) to address its (family) housing issue (according to civil law of Ukraine).
Article 3. Ensuring the realization of the right to housing residents of dormitories
1. To ensure the implementation of the constitutional right to housing the population of the dormitories on which the action of this Act is extended, is carried out with the following approaches:
(1) All dormitories that extend the action of this Act are subject to transfer to the ownership of territorial communities;
{Item 1 of the first article 3, with changes made under the Act No. 3716-VI of 08.09.2011 }
(2) The transfer of dormitories to the property of territorial communities in accordance with this Act shall be implemented in order and lines provided by the General Purpose Programme of the Transfer of Hostels into the property of territorial communities approved by law;
{Item 2 of the first article 3, with changes made under the Act No. 3716-VI of 08.09.2011 ; in the drafting of the Law No. 1999-VIII from 05.04.2017 }
(3) The transfer of the dorms under this Act into the ownership of territorial communities is carried out in accordance with the order of the Law of Ukraine "On the transfer of the object of the rights of the state and communal property" and adopted by the regulations of the law, subject to the special characteristics of the Act;
4) dormitories are included in the statutory capital of societies created in the process of privatisation (corporatization), including those that have further transferred to statutory capital funds (foundations) of other legal entities or alienated in another way. The property of territorial communities in accordance with the General State Purpose Program of Hostels in the ownership of territorial communities, subject to the features defined by the Act;
{Item 4 of the first Article 3 in the revision of the Laws No. 3716-VI of 08.09.2011 , No. 1999-VIII from 05.04.2017 }
(5) The decision to transfer the dormitories to which the action of this Act covers, the ownership of the territorial communities takes the authority authorized to manage the state property, another body referred to the use of public property, or court;
(6) The costs associated with capital repair of dormitories (their residential complexes and/or their parts) transferred to the property of territorial communities under this Act are carried out by the predicted ones according to the General State Task Force. The work programme includes the ownership of territorial communities of the state and local budgets, as well as other non-prohibited legislation of sources. In case of a deterioration of a hostel, included in a statutory capital that is subject to communal property, above the rate of physical deterioration in private property, the local council has the right to require the owner of the dormitory. carry out the repair of the dormitory or charge the owner in a contractual or judicial order cost of such repairs and/or appropriate restorative works;
{Item 6 of Part 1 of Article 3 in the Revision of the Laws No. 3716-VI of 08.09.2011 , No. 1999-VIII from 05.04.2017 }
(7) The auxiliary premises in the dormitory are transferred to the joint ownership of the owners of residential premises in such dormitories and are not subject to privatisation;
{Paragraph 7 of Part 1 of Article 3 of the Drafting of the Law No. 3716-VI of 08.09.2011 }
(8) Land areas necessary to hold and operate the dormitories that extend the action of this Act shall not be subject to privatisation or sale in connection with the privatization of residential and auxiliary premises. the territorial community (or referred to it by property) according to the current legislation;
9) the maintenance of private and non-privatized residential, non-residential and auxiliary premises in the dormitories and sewage areas is carried out by the funds of their owners in the order established by the Cabinet of Ministers of Ukraine;
{Paragraph 9 of Part 1 of Article 3 in the Drafting of the Law No. 3716-VI of 08.09.2011 }
10) the owners of residential and non-residential premises in the dormitories are co-owners of the auxiliary premises in the dormitories, technical equipment, elements of the external well-being and are required to participate in the general costs associated with the hostel and housing. The grounds area, according to its share in the house of the hostel;
{Paragraph 10 of Part 1 of Article 3 of the Drafting of the Law No. 3716-VI of 08.09.2011 }
(11) The owners of residential and non-housing in the dormitory can create union owners of the apartment building in accordance with the law;
{Paragraph 11 of the first Article 3 of the Revision of the Law No. 3716-VI of 08.09.2011 }
11-1) citizens who are legally registered for their residence in the dormitories and in fact reside, have the right, with the consent of the owner of the dormitory, to provide for their own means of repair of residential and ancillary premises. The hostel with the next reimburse of these expenses in the order established by the Cabinet of Ministers of Ukraine;
{Part of first article 3 is supplemented by paragraph 11-1 according to the Law No. 3716-VI of 08.09.2011 }
11 (2) The citizens who are in the legal grounds all in the dormitory and in fact reside in it at the conditions of giving them the beds, are the right to privatize residential premises in the dormitory according to this Act after their settlement in separate housing. The place in the dorm room. In case of a local agreement to agree to privatize residential and non-residential premises in the dormitory (or parts thereof), in which housing (or parts of it) is used to live citizens on the face of providing accommodation, such housing can be used. To be privatised only after the dissecting of the citizens who reside in the conditions of maternity leave, in separate dwelling places;
{Part of the first article 3 is supplemented by paragraph 11-2 under the Law No. 1999-VIII from 05.04.2017 }
(12) the use of the hostel that extends the action of this Act, the primitory territory is exercised in order and on the conditions prescribed by the Land Code of Ukraine .
Article 4. Implementation of the occupants of the dormitory rights of the right to housing by privatization of residential premises in hostel
1. Citizens and members of their families on which the Act is distributed are entitled to privatize residential premises in the property of territorial communities and can be privatized according to this Act by decision. The local council
Privatization of residential premises in hostel is carried out in accordance with Law of Ukraine "On the privatization of the State Housing Fund" and the provisions in accordance with the legislation defined by the Law.
The privatisation of residential and non-residential buildings in the property of territorial communities that had previously been self-reliant may occur after the resplanning recognition of such that corresponds to the legislation of Ukraine on technical issues. conditions and construction standards for housing.
2. The occupants of the law, which are defined by this Act, reside in the dormitories that extend the action of this Act (state form of property, as well as in the dormitories included in the statutory capital of societies, including those in the to be transferred to the statutory capital of other legal entities or alienated in another way), acquire the right to privatize residential premises in such dormitories after their transfer to the respective territorial community under the Act. and the General State of the Hostels transfer program Territorial communities. The right applies to the children of the dormitories who were born during their parents ' residence in their dormitories, which extended the action of the Act.
{Article 4 in the Law of the Law No. 3716-VI of 08.09.2011 , No. 1999-VIII from 05.04.2017 }
Article 5. Features of the use of residential and non-residential premises in hostels transferred to the property of territorial communities
{Title of Article 5 of the changes made under the Act No. 1999-VIII from 05.04.2017 }
1. For the purposes of this Act, such features are established regarding the use of live and non-living spaces in the dorms transferred to the territorial communities:
{First part of first article 5 of the changes made under the Laws No. 3716-VI of 08.09.2011 , No. 1999-VIII from 05.04.2017 }
1) transfer and acceptance of dormitories, which are objects of state property, into the possession of territorial communities according to Law of Ukraine "On the transfer of objects of the right of state and communal property" and given the features defined by the Act;
(2) The transfer of dormitories (as a whole master complex) into the property of territorial communities is carried out by the decision of the legitimate owner of the hostel (or authorized by the owner of the person) or by the decision of the court;
(3) The acceptance of the dormitories (as a whole master complex) into the ownership of the territorial community by the decision of the respective local council (or by the decision of the executive body of the local council with the following approval of this council);
(4) Transfer of hostels included in the statutory capital of societies, including those that were subsequently transferred to such societies to statutory capital of other legal entities or alienated in another way, in the ownership of territorial communities For voluntary (contractual) conditions or, in the case of failure of the authorities (authorized persons) of the hostels from such a transfer, by the decision of the court for the representation of the local government authority;
{Paragraph 4 of the first Article 5 of the Revision of the Law No. 1999-VIII from 05.04.2017 }
5) after taking the hostel to the ownership of the territorial community according to this Act and according to the General Purpose Program of Hostels transfer to territorial communities the local council accepts sessions within its jurisdiction. A suitable solution for further use, namely:
{Paragraph 5 of the first paragraph 5 of the first article 5 with changes made under the Act No. 1999-VIII from 05.04.2017 }
(a) Leave the dormitory housing complex in the status of dormitory and allow for the privatization of its residential and uninhabited premises. In this case, it is possible to privatize the premises of the hostel by its legal residents in the order stipulated by the Act;
{Paragraph 5 of Article 5, paragraph 5, with changes made under the Act No. 3716-VI of 08.09.2011 ; in the drafting of the Law No. 1999-VIII from 05.04.2017 }
(b) A "social housing" to provide a "social housing" status complex and not to allow for the privatization of its residential premises. In this case, the privatization of residential premises is not carried out (including the cases provided by this Act), and the former legal residents of the dormitories, by their consent, are given to the relevant social or other housing;
{Paragraph 5 of Article 5, paragraph 5, as amended by the Act No. 3716-VI of 08.09.2011 }
(c) Reprofile the hostel and use a whole new dormitory with a different purpose. In this case, the council simultaneously adopts the decision to ensure the legitimate inhabitants of such a hostel by other housing according to the legislation;
{Item 5 of Article 5, paragraph 5, in the edition of the Law No. 3716-VI of 08.09.2011 }
(g) To demolish the entire complex of the former dormitories and take measures to build on the liberated land section of the social housing or sale of land at the auction to land legislation. In this case, the council simultaneously adopts the decision to ensure the legitimate inhabitants of such a hostel by other housing according to the legislation;
{Paragraph 5 of Article 5, paragraph 5, in the edition of the Law No. 3716-VI of 08.09.2011 }
(g) The demolition of the former dormitory (the corresponding holistic complex) and release the land area with the next sale in the auction. In this case, the persons on which the Act of the Act applies to the relocation to another habitable dwelling belongs to the ownership or right of the respective local council. Such individuals, by their consent, the executive body of the local council may be given a monetary compensation for taking them (their families) to rent on a specific line (but not more than one year). The size and order of the issuance of the specified compensation defines each local council on its own according to the requirements of the valid legislation and based on their own capabilities;
(6) The transfer of residential premises in hostels to citizens is carried out on the basis of the decision of the local government;
{Paragraph 6 of Article 5 in the edition of the Law No. 3716-VI of 08.09.2011 }
(7) The privatization of residential premises in dormitories is carried out by:
(a) The free transfer of their transfer to citizens from the calculation of the sanitary standard 21 square meter of the total area on the mast and every member of his family and in addition to 10 square meters per family;
(b) The sale of surplus of the total area of living premises to citizens of Ukraine who live in them and who are subject to the action of this Act;
{Paragraph 7 of Article 5, paragraph 7, with changes made under the Act No. 3716-VI of 08.09.2011 }
(8) For privatization of residential premises in the hostel, privatisation papers are used-housing checks (in order provided). Law of Ukraine "On the privatization of the state housing stock") with the remaining value of all residential premises that are subject to privatization in the respective dormitories.
{Paragraph 8 of Article 5 in the edition of the Law No. 3716-VI of 08.09.2011 }
Article 6. The ownership of the owners of the private premises in the dormitory on auxiliary premises in the dormitories and the duty to hold them
1. The owners of accommodation in the dormitory are the co-owners of the auxiliary premises in the dormitory and are required to participate in general expenses related to the building of the house and the occupancy area, according to its share in the hostels. Auxiliary facilities in the dormitory are transferred to joint joint ownership and are not subject to privatisation.
2. The co-owners of the auxiliary premises in the dormitory are required not to discourage other individuals in the legal use of such premises.
3. The maintenance of auxiliary premises in the dormitories and the surrounding areas is carried out in the order established by the Cabinet of Ministers of Ukraine.
{Article 6 in the edition of the Law No. 3716-VI of 08.09.2011 }
Article 7. Union of dormitories
1. The owners of residential and non-housing in the dormitory can create the co-owners of the apartment building in accordance with the law.
2. After handing over the dormitories to the communal property according to this Act and the creation of the owners of residential and non-residential premises in the dormitory association of the multi-occupant house, changing the status of the hostel is carried out in accordance with Right.
{Article 7 is supplemented by part two under the Law No. 1999-VIII from 05.04.2017 }
{Article 7 in the edition of the Law No. 3716-VI of 08.09.2011 }
Article 8. The realization of the resident population of the right to housing by obtaining social housing
1. Citizens who extend the action of this Act residing in the dormitories of non-governmental housing (which are in property or management, or in the full host of relevant public or communal enterprises, institutions, organizations, as well as enterprises and organizations formed in the process of corporatization or privatization of former state and communal enterprises, including those whose dormitories have been transferred to statutory capital or funds or were felt in another way other than the organizations created by the government authorities, Local government for the management of the housing fund) and for the residence of workers (members of their families) who do not have the ability to purchase or build their own housing if such dormitories are not transferred to their owners in the The property of territorial communities has the right to habitat in such dormitories to address their housing problem with their housing.
{Part of the first Article 8 in the edition of the Law No. 1999-VIII from 05.04.2017 }
2. To promote such citizens in solving their housing problems, they are taken by the respective local councils in the established order of the apartment to provide them (their families) of the social housing on the common grounds.
Article 9. Providing social housing to residents of the hostel according to this Act
1. In the case of the foregoing part of second Article 8 of this Act, an apartment of housing and providing appropriate citizens of social housing is carried out by the local government, which represents the interests of the territorial community in which the hostel is located in which They're registered and residing.
2. The Executive Body of the respective local council on the basis of the Board's decision on providing social housing to the residents of the dormitories on which the action is distributed by this Act is issued under the current ordinance of the ordinance, which is the only basis for the universal suffrage. Social housing.
3. A strong full-summer and dietary citizen who had previously lived in the dormitory and received the Law of the Social Housing in accordance with the universes of his (his family) social housing obligation to make a treaty of the hiring of such housing.
A treaty of the hiring of a social housing is made between the authority of the local government or authorized by its authority and the employer or the most empowered person.
{Paragraph 2 of the second part of the third article 9 in the edition of the Law No. 3716-VI of 08.09.2011 }
The agreement on the hiring of social housing with the former resident of the hostel can be torn apart by the hiring of the cub.
At the request of the most recent agreement on the hiring of social housing, it can only be broken by the decision of the court.
Chapter II
FEATURES OF THE HOSTEL STATUS, IN WHICH THEY CAN BE PRIVATIZED HOUSING AND UNRESIDENTIAL PREMISES. TECHNICAL AND OTHER REQUIREMENTS FOR SUCH HOSTELS
Article 10. The status of the hostel status, which extends the action of this Act
The status of dormitories that extend the action of this Act, after accepting the relevant local council decision on their privatisation or granting them housing status of the social destination cannot be changed, except in the case of dormitories (as a holistic entity). the main complex or its separated part) by accident or unsuitable for habitation of people according to Section IV of this Act.
Article 11. Features of technical and other requirements in the hostel
Dormitories (as a whole new complex or all of its separate parts) according to this Act must conform to architectural and planning, technical norms and sanitary-hygienic requirements set by acts of legislation and technical principles. The regulations for this type of housing, be suitable for living in it people and are used solely by purpose.
Article 12. Maintenance and exploitation of dormitories
Keeping the hostel as a whole property complex and the surrounding areas are carried out according to Housing regulations for residential buildings Approved by the Cabinet of Ministers of Ukraine.
Article 13. Features of the use of the land area on which the hostel is located, and the home area
1. General questions of the allocation, the provision, use of land areas where the hostel is located, including those which extend the action of this Act, and the surrounding areas around the hostel are determined Land Code of Ukraine and other acts of land law.
2. Special issues for the use of land areas on which the dormitories are located on which the action is extended to this Act and the surrounding areas around them are defined by the Law.
3. The owner of the land on which there is a hostel that extends the action of this Act and the surrounding area around it, and where the former dorm (as a holistic complex) is located after the decision on its privatisation under this Act or granting it a housing status of social purpose, is (and in relevant cases becomes, remains) under the land legislation of the relevant territorial community in the person of the local council representing it You know
4. Changing the target destination of the land on which the dormitory is located (the main complex), which extends the action of this Act, and the surrounding area around it is prohibited except the cases provided by this Act.
Article 14. Features of hostels in the ownership of territorial communities
1. Gourmet (as objects of fixed property, residential complexes and/or parts thereof), which extend the action of this Act, are transferred to the ownership of the relevant territorial communities under this Act in order and line defined by the law. A nationwide target program for the transfer of hostels to the ownership of territorial communities.
2. The Gurtuses of state ownership are transferred to the property of territorial communities in accordance with this Act on a non-compensatory basis.
3. The Gurtolives included in the statutory capital of societies are referred to the property of territorial communities according to this Act in one of the following ways:
1) on a non-compensatory basis, all hostels are transmitted:
(a) by the consent of the owner of the hostel-by its decision;
(b) Without the consent of the owner of the hostel, by decision of the court;
(2) For partial-compensation basis, all hostels are transmitted:
(a) on contractual obligations with payment of compensation in the amount determined under part four of this article, by the decision of the owner of the dormitory and by the decision of the local council;
b) according to Civil Code of Ukraine Considering the features defined by this Act, smaller than size, defined in accordance with part of the fourth of this article, by the decision of the court on the behalf of the local council;
(3) on a compensatory basis, provided the previous full compensation in the amount determined by the part of the fourth of this article, the hostel shall be transmitted:
(a) by the consent of the local council-by the decision of the respective local council for the representation of owner of the dormitory;
b) without the consent of the local council-by the decision of the court on the lawsuit by the owner of the hostel.
4. The amount of compensation for the value of the dormitories transferred according to this Act of territorial communities on a partial-compensatory or compensation basis is calculated according to the cost of the dormitories under which they were included. the statutory capital of societies created in the process of privatization or corporatization, with regard to the reduction of cost due to the amount of physical wear or increase in value resulting from the actual confirmed cost of the owners to conduct Capital repairs during the time of hostels in their property.
In the case of the presence of corporate rights of the state in the statutory capital of such societies, the amount of compensation is determined proportionally to the volume of such rights under the law.
Compensation for the owner of the hostel is carried out in monetary form in the national currency unit of Ukraine (hryvnia).
5. The decision to transfer the dormitories included into the statutory capital of societies created during the privatization process (corporatization), the property of territorial communities is accepted according to this Act of Local Government, on the territory of which are located dormitory.
6. The issues related to the transfer of the dormitories into the property of territorial communities in accordance with this Act shall be carried out by the funds of state and local budgets stipulated by the approved legislation of the General Purpose Programme. (b) Transfer of hostels to the property of territorial communities and the law on the State budget of Ukraine for the appropriate year.
{Article 14 in the edition of the Law No. 3716-VI of 08.09.2011 ; text of Article 14 in the edition of the Law No. 1999-VIII from 05.04.2017 }
Chapter III
POWERS OF THE STATE AUTHORITIES AND LOCAL GOVERNMENTS TO ENSURE THE REALIZATION OF HOUSING RIGHTS FOR RESIDENTS OF THE HOSTEL, RETENTION AND USE OF DORMITORIES AND SURROUNDING AREAS BY APPOINTMENT
Article 15. The powers of the Cabinet of Ministers of Ukraine in the livelihood of privatization of citizens of housing
1. Prior to the authority of the Cabinet of Ministers of Ukraine in the housing area to privatize the citizens of housing in the dormitories are:
1) to ensure the implementation of public policy in this area;
2) to develop the state program for the transfer of hostels to the territorial communities, to exercise control of its execution;
{Paragraph 2 of the first article 15 of the changes made under the Act No. 3716-VI of 08.09.2011 }
3) coordinating the activities of the central executive bodies and local government administrations in this sphere;
(4) The adoption of the legal and legal acts provided by the Act;
5) to carry out other powers in this sphere according to the law.
Article 16. The authority of the Central Executive Authority, which ensures the formation of public policy in the sphere of housing, and the central executive branch that implements state policy in the field of housing, concerning the privatization of housing in the dormitories
1. The Central Executive Body, ensuring the formation of public housing policies in the field of housing, in the housing area to privatize housing nationals:
1) ensures the formation of public housing, scientific and technical and economic policy, prepares proposals for funding, retention, and use of dormitories to transfer territorial communities according to this Act;
(2) Organize within their powers of developing state and local dormitories transfer programs into the property of territorial communities;
(3) The regulatory framework for the formation, maintenance, financing of the housing and the surrounding areas;
4) exercise other powers in this sphere in accordance with the law.
2. The Central Executive Body, implementing the public policy in the field of housing, in the housing area to privatize housing nationals:
1) organizes within its powers the implementation of state and local dormitories transfer into the ownership of territorial communities;
2) exercise other powers in this area under the law.
{Article 16 in the edition of the Law No. 5459-VI of 16.10.2012 }
Article 17. The authority of local government administrations to privatize housing in the dormitories
1. The place of public administration in the housing area regarding privatization of housing citizens in dormitories:
1) ensure the execution of public policy on the formation and maintenance of the hostess housing fund and supervise its implementation;
2) participate in the development of the state program for the transfer of hostels to the territorial communities and its funding;
3) provide jointly with the relevant authorities of local government the execution of approved state and local funding programs, maintenance and use of dormitories and surrounding areas under the appointment under this Act;
(4) carry out other powers in this sphere under the law.
Article 18. The authority of local governments on privatization of housing in the dormitories
1. The local self-government bodies in the housing area regarding privatization of housing citizens in the dormitories that extend the action of this Act:
{First part of the first article 18 of the changes made under the Act No. 1999-VIII from 05.04.2017 }
1) decide on the adoption of the relevant territorial community of dormitories (master complexes) in accordance with this Act;
(2) Decide to provide appropriate housing complexes to the "dormitory" status and at the same time granting permission to privatize the living and uninhabited premises of such dormitories under this Act;
2-1) after passing the hostel to the communal property according to this Act:
make decisions according to Chapter 4 " The use of dormitories of the Life Code of the Ukrainian SSR is about providing a living area in a dormitory with a contract of hiring for the hiring of a living room in the dormitory dwellings on which the action applies to this Act and giving them special The ordinance on the right of universes to the appropriate living area in the dormitory;
make decisions according to Chapter 59 "The hiring (rental) of the housing" Civil Code of Ukraine about providing housing in the dormitory by the contract of hiring (rental) of dwellings for the fee of other residents of such dormitories who do not extend the action of this Act;
{Part of the first article 18 is supplemented by paragraph 2-1 according to the Act No. 1999-VIII from 05.04.2017 }
(3) Decide to provide an appropriate uninhabited housing complex to the status of "social housing";
4) make decisions about reconstruction, capital repairs or reprofiling or the demolition of a dormitory (a holistic property complex) after its adoption by the territorial community and the resettlement of residents according to the current Legislation
5) make decisions about the use under the current legislation of land required to operate according to this Law of the Housing and Social Purpose Housing Foundation, which are owned by the Territorial communities;
6) carry out ownership, use, management, operation of transferred territorial communities under this Act of Dormitories (master complexes) (directly or through the established executive body of the governing council), organize them granted Maintenance and repair, order and maintenance;
7) supervise the use of all hostels in public and communal property solely by appointment, define the management of hostels, as well as the resources of residential and communal services;
8) take the necessary measures, within the terms of authority, to ensure, preserve and use the housing stock of a hostel regardless of the form of property in accordance with this Act;
9) establish a fee for the registration of the residence registration in the dormitory;
10) establish a residence fee in the dormitory and for participation in the overall use of the common use and home area;
11) make decisions about the reconstruction, capital repair, maintenance of the dormitories, the recognition of the hostel or unsuitable for living in the people and the demolition of the emergency and unsuitable of the dormitories;
12) ensure that the dormitory practices of this Act are subject to the needs of persons with disabilities and children with disabilities, by means of equipment by special means and adaptations of staircases, hideous cells and living conditions. Persons with disabilities or families with disabilities and/or children with disabilities;
{Paragraph 12 of the first article 18 of the changes made under the Act No. 2581-VIII of 02.10.2018 }
13) lead a solid account of citizens who do not have their own housing, on legal grounds all in the dormitory, actually residing in it and have the right to obtain social housing;
{Paragraph 13 of Part 1 of Article 18 of the Drafting of the Law No. 1999-VIII from 05.04.2017 }
14) make and break the treaties of hire housing in dormitories, which are the property of the relevant territorial communities;
15) approve within their powers of local financing programs, the maintenance and management of the dormitories transferred to the territorial communities in accordance with this Act, supervising their execution;
16) create permanent commissions to ensure the realization of citizens ' housing rights according to part 2 Article 26 of this Act;
17) create at the expense of funds received from privatisation of residential and non-residential premises in dormitories, and other sources of funding not prohibited by the current legislation, special development funds and social purpose housing as a component Budgets of local councils;
18) are ordered by a special fund for the development of dormitories and social purpose housing, directing them exclusively for capital repairs, reconstruction, maintenance, exploitation of housing and social welfare fund housing. The purpose, maintenance and maintenance of the relevant residential and non-residential premises, the setting of relevant land plots;
19) refer to the court with a lawsuit against the forced transfer of dormitories in the possession of the territorial community according to this Act, in the case of refusal of owner of the dormitory, voluntarily transfer of the hostel according to the paragraph 3 Part of the Third Article 14 of this Act
{Paragraph 19 of Article 18 in the edition of the Laws No. 3716-VI of 08.09.2011 , No. 1999-VIII from 05.04.2017 }
19-1) refer to the court with a lawsuit to determine the size of the hostel holder for transfer of the hostel to the territorial community on a partial-compensatory basis according to this Act of lower size than stipulated by the paragraph. 3 of the fourth article 14 of this Act;
{Part of the first article 18 is supplemented by paragraph 19-1 according to the Law No. 1999-VIII from 05.04.2017 }
19-2) appealed to the court with a lawsuit to determine the size of the hostel holder for transfer of the hostel to the territorial community at full compensation according to this Act in a smaller amount than the size on which the The owner of the hostel according to paragraph 4 of the Third Article 14 of this Act;
{Part of the first article 18 is supplemented by paragraph 19-2 according to the Act No. 1999-VIII from 05.04.2017 }
20) carry out other powers in this field in accordance with the law.
Chapter IV
PROHIBITION OF EVICTION, RESETTLEMENT AND RESETTLEMENT OF RESIDENTS
Article 19. Prohibition of eviction, resettlement and eviction of occupants without giving them other housing suitable for permanent residence
1. The resettlement, resettlement and resettlement of the inhabitants of the dormitories, which extended the action of this Act, which were found on legal grounds in the dormitory and actually residing in the dormitory, without prior giving to them (their families) housing suitable for permanent habitation of people other than the cases stipulated by the second of this article.
Including the prohibition of eviction, resettlement and eviction of the inhabitants of the dormitories, regarding which the dispute continues to the basis of their population in the dormitories and/or subject their actual residence in the dorm, prior to resolving the dispute in a pre-trial or judicial dispute. order according to Articles 25 and 26 of this Act.
{Part of the first Article 19 in the edition of the Law No. 1999-VIII from 05.04.2017 }
2. The settlement, resettlement or eviction of citizens from the dormitories under this Act shall be only permitted in the case of recognition of the dormitory or in a state uninhabitable, on the basis of the decision, in accordance with part of first Article 20 of this Act.
Article 20. Decision-making regarding the recognition of a hostel or unsuitable for human habitation
1. The decision to recognize a hostel or unsuitable for living persons is accepted by the executive body of the respective local council on the basis of a survey in the current state of the dormitories (a holistic property complex). Or its separate parts) and the next approval of this council.
2. All residents of a dormitory, recognized as an emergency or unsuitable for living persons, in the order specified by the first of this article, the term granted to the other, suitable for temporary accommodation for people housing by the local government, which represents the interests of the territorial community, whose territory is hosted by such dormitories.
Article 21. Capture of citizens, evicted, evicted or relocated from the dormitory, on the account for social housing
1. Citizens who according to this Act may be evicted, evicted or resettled in relation to the recognition of a hostel in which they reside, emergency or unsuitable for people ' s residence (respectively). articles 19 and 20 of this Act), have the right to take into the apartment of accommodation of citizens who need to provide them (their families) of social housing. The decision to take a marked person to an apartment account is accepted by the executive body of the respective local council, at the same time, with the decision to resettle (eviction, resettlement) from an emergency or unsuitable dormitory.
2. In the case of the following part of this article, the former resident of the hostel and members of his family is given another living room:
1) which does not have the status of social housing (for temporary residence), based on his written statement and all of the full age and effective members of his family;
2) which has social housing status (for permanent residence), according to Article 9 of this Act.
Section V
PUBLIC CONTROL IN THE AREA OF HOUSING DISTRIBUTION IN HOSTEL, RETENTION OF DORMITORIES AND THE SURROUNDING AREAS
Article 22. Public control of the housing and distribution of housing
1. Public control of the distribution and holding of housing in the dormitories, which extends the action of this Act, is carried out by the corresponding supervision board.
Such supervisory board is created by the executive body of the relevant local council and is formed by the principle of equal representation from the executive body of the local government, which leads accounting for residents of dormitories (which extends the action of this Act) and Provides social housing, public organizations (in the statutory capacity of which are supported by citizens residing in the dormitories and need social protection, to address their housing issues), representatives of the self-organization bodies population, in the event of their creation of the dormitories in accordance with Law of Ukraine "On the organs of the self-organization of the population", and representatives of enterprises, institutions, and organizations of various forms of property (in property, management or use of which are relevant dormitories).
Article 23. Public control of the targeted use of dormitories and the surrounding areas
1. Public control of the targeted use of dormitories as residential complexes (all its living and non-living premises) and land needed to hold them (the respective occupations of this Act); have the right to exercise all their legal full and capable residents (their representatives), the union of the co-owners of the living and unliving rooms, the hostels (empowered by them), representatives of the involved organs of the state authorities and local governments, businesses, institutions, organizations, potential investors, public hostels, as well as members of the public.
{Text of Article 23 in the Drafting of the Law No. 1999-VIII from 05.04.2017 }
Article 24. The order and activities of the supervisory board for the distribution and processing of housing in the dormitories and for the targeted use of dormitories and the surrounding areas
The order and activities of the supervisory board for the distribution and keeping of housing in the dormitories and through the use of dormitories and surrounding areas according to this Act is determined by the position of the Cabinet approved by the Cabinet of Ministers of Ukraine.
Chapter VI
RESOLVING DISPUTES OVER THE PROVISION OF DORMITORIES
Article 25. Court order for disputes over the provision of dormitories
Disputes related to the violation of residential rights of citizens who are forced to reside in the dormitories that extend the action of this Act, regardless of the form of property, are treated and resolved in a judicial order that may be subject to pre-trial proceedings is done according to Article 26 of this Act.
Citizens who believe that their living rights or housing rights of members of their families are violated, having the right to address the disputes to address directly to the court.
Article 25-1. Judicial order for disputes over the provision of property rights of territorial communities and hostels
1. Disputes related to the violation of the main rights of territorial communities and hostels that extend the action of this Act, regardless of the form of property considered and decided in a court order that may be reordered (by the consent of the parties) The judicial (contractual) is considered to be carried out in accordance with the legislation.
2. The actions of violations of the main rights of the territorial communities are considered by the courts for the lawsuits of local governments.
{The law was supplemented by Article 25-1 under the Law No. 1999-VIII from 05.04.2017 }
Article 26. Pre-trial dispute resolution
1. Disputes related to violations of the human rights of citizens residing in the dormitories that extend the action of this Act, by the consent of such citizens, may be considered by commissions to ensure the realization of the housing rights of hostels.
2. Assigned to part one of this article, the commissions will create relevant local councils from the number of local council members, representatives of local government administration, relevant specialists (on housing and communal services, construction and Urban planning, rights, protection of human rights) with the involvement of its owners, hostels, hostels, owners or users of land, as well as representatives of residents, associations The co-owners of the living and unlived premises of dormitories and members of the public.
Chapter VII
RESPONSIBILITY FOR VIOLATION OF THE CURRENT LEGISLATION IN THE AREA OF ENSURING THE REALIZATION OF HOUSING RIGHTS OF POPULATION RESIDENTS
Article 27. Responsibility for violation of the current legislation in the area of ensuring the realization of housing rights of dormitories
Under the violation of this Act and other acts of the current legislation, in the area of ensuring the implementation of the housing rights of the occupants of the population, which extends the action of this Act, the disciplinary, civil, administrative and criminal liability, installed Constitution and the laws of Ukraine.
1. This Act will take effect from 1 January 2009.
2. The laws and other legal acts adopted into force under this Act act in part that does not contradict the Act.
3. For the purpose of protecting the housing rights of dormitories, the impartial of their illegal eviction of prisoners held by the Law of the Law of the Living premises, the lack of alienation of the dormitory buildings that were built in the Soviet era (until 1 December, 1991), for public funds, a moratorium on eviction of residents (except for the eviction of residents by decision of court) and alienation (apart from the transfer to communal property of relevant urban, village, rural councils) In accordance with this Act) the hostels are in full the host or operational management of enterprises, institutions regardless of the form of property or entered into statutory foundations or capital of joint or collective societies (organizations) created in the process of privatization or corporatization (including those that were later transferred to statutory capital funds (funds) of other legal entities or alienated in another way), from the day of publication of this Act before the completion of the General Purpose Programme Hostels are owned by territorial communities.
{First paragraph 3 of section VIII, as amended by the Act, No. 2669-VIII of 15.01.2019 }
This moratorium acts on alienation in any way of designated hostels as objects of real estate, residential complexes and/or their parts, their separate buildings, structures, residential and non-residential premises and other property as well as appropriate land areas. and their surrounding areas in favour of physical or legal entities of private law.
{Paragraph 2, paragraph 2, of section VIII, with changes made under the Act No. 2669-VIII of 15.01.2019 }
The authorities of local government, during the action of the stated moratorium, will take action to remove the owners of the orders to all the residents of the dormitories, who are in the dormitories of the law in which the legal grounds were in fact. The hostel for more than five years, which did not receive the ordinates (or in which the ordinates were removed) from independent of these reasons.
{Paragraph 3 of section VIII was amended by the Laws No. 3716-VI of 08.09.2011 , No. 68-VIII of 28.12.2014 ; in the drafting of the Law No. 1999-VIII from 05.04.2017 }
4. Take up to Law of Ukraine "On the privatization of the State Housing Fund" (Verkhovna Rada of Ukraine, 1992, No. 36, pp. 524; 1994, No. 24, pp. 182; 1997, No. 12, pp. 100; 2003, No. 30, pp. 247) such changes:
(1) Part of the first article 1 after the words "alienation of apartments" supplements the words " apartments in dormitories intended for the residence of families and single persons (hereafter-living area in dormitories) (subject to the provision of part 2 of the second article) The Law) ";
1 after the words "single apartment buildings", add up to the words "rooms in dormitories";
" 3. Privatization of apartments in homes, rooms in the dormitory rooms included in the reconstruction plan for the current year, is carried out after the owner (possession) of the house. The maids who lived in apartments, dormitories prior to the reconstruction, after the reconstruction have a priority right to privatize these apartments, a residential area in this dormitory ";
the first after the words "apartments (houses)", in the words "houses in dormitory rooms";
complementing part of the second such content:
"The transfer of rooms in the dorms of citizens, which are defined by Part 5 of Article 2 of this Act, shall be carried out with simultaneous transfer to the joint-compliant property of the common use of common use";
(4) Paragraph 4 of Article 5 complements the following paragraph:
"The right to privatize the rooms in the dormitory of the state housing fund, using residential cheques is receiving citizens of Ukraine who are permanently residing in these dormitories";
" 2. The transfer of occupied apartments (homes, rooms in dormitories) is carried out in a joint joint or partial ownership of a written consent of all the full-summer family members who are constantly living in this apartment (house, room in the dormitory), including: Absent temporarily, the right to housing, with the binding definition of the authorized owner of the apartment (house, room in the dormitory) ";
3 after the words "apartments (houses)", add to the words "dormitory rooms";
4 after the words "apartments (houses)", add to the words "dormitory rooms";
5 after the words "apartments (houses)", add to the words "rooms in the dormitory" and after the words "apartment (house)", amend the words "room in the dormitory";
7, after the words "apartments (houses)", add up to the words "room in the dormitory";
" 8. The cost of services for the design of the documents on the ownership of the apartment (house) and room in the dormitory is paid by citizens for the fees established by local government officials ";
Paragraph 9, paragraph 2, should read:
" In the event of the bankruptcy of enterprises, changes of ownership, merger, accession, division, transformation, allocation or liquidation of enterprises, institutions, organizations, in the full host country of which is the State Housing Fund, the latter (including: (a hostel) is simultaneously transferred to the communal property of the relevant urban, rural, rural councils ";
" 10. The privatization authorities do not have the right to refuse apartments (homes), rooms (dormitories) in privatization of occupied housing, except for cases provided by paragraphs 2 and 5 of Article 2 of this Act ";
" 11. Disputes that arise in the privatization of flats (homes) and rooms (dormitories) of the state housing fund are decided by the court ";
The name is supplemented with the words "dormitory rooms";
1 after the words "apartments (houses)", add to the words "dormitory rooms";
2 after the words "multi-guard houses" add to the words "and the living area in the dormitory", and after the words "private in the house", add to the words "or dormitories";
" 3. To ensure the effective use of privatised apartments and the management of the owners of apartments (houses), rooms (dormitories) can create societies or combine individual owners of apartments (homes) or rooms (dormitories). In a multi-guard house whose apartment is not completely privatized, between a society (union) individual owners of apartments and owners of the unprivatized apartments will deal with the joint ownership of the multi-guard house and doldrums. On the cost of spending it.
In the dormitory, the area of which is partially or completely private, between the owner of the dormitory and the owners of the room is an agreement for the common possession of dormitories and dollies in the costs of holding it ";
The name is supplemented with the words "rooms (rooms) in the dormitory";
after the words "apartment (house)", supplemented with the words "rooms (rooms) in the dormitory".
5. The Cabinet of Ministers of Ukraine:
(1) For three months on the present day, the Act to develop and amend the Supreme Soviet of Ukraine to be a state program for the transfer of hostels into the property of territorial communities;
(2) For four months on the day of entry into force of the Act, to consider the Verkhovna Rada of Ukraine of the proposal for its implementation;
(3) For three months to bring their legal and legal acts into compliance with the Act;
(4) To ensure acceptance in accordance with its competence of regulations arising from this Act;
(5) To ensure the revision and abolishment of ministries and other central executive bodies of their normative acts contrary to the Act;
(6) Each year, during the development of a draft law on the State Budget of Ukraine, to anticipate the funds necessary to implement this Act and the State of the State Department of Hostels in the ownership of territorial communities.
{Paragraph 5 of section VIII is complemented by sub-paragraph 6 under the Act No. No. 3716-VI of 08.09.2011 }
6. Local government authorities:
(1) For one month from the following day, the Act shall establish permanent commissions to ensure the realization of the residential problems of citizens and to submit projects for approval by the local council;
2) for three months from the day of entry into force:
To develop and approve local gourmet programs in the ownership of territorial communities;
To amend the Act of Ukraine on the State Budget of Ukraine for 2009;
Establish a commission to conduct the inventory of hostels on which the action of this Act applies, regardless of the form of property;
(3) For six months on the present day of the Act, the inventatization of all hostels in the territories of the relevant territorial communities, and the decisions of the approval of the organs of state authority and bodies The local government according to the authority provided;
(4) For nine months on the present day of entry into force, the Act initiating the adoption of territorial communities by the hostel according to this Act;
5) to take steps to ensure funding the implementation of this Act and the State of the State Department for the transfer of hostels into the property of territorial communities.
{Paragraph 6 of section VIII is complemented by sub-paragraph 5 under the Act No. No. 3716-VI of 08.09.2011 }
| President of Ukraine |
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| Um ... Kyoto |
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