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HOUSING CODE OF UKRAINE

of June 30, 1983 No. 5464-X

(as amended on 18-09-2018)

 As a result of victory of Great October socialist revolution in our country necessary prerequisites for the solution of one of the major social problems - satisfaction of need of workers for housing were created.

Realizing the Lenin ideas of creation of communistic society and performing rate on increase in material and cultural level of living of the people, the Soviet state consistently realizes the housing development programme developed by the Communist Party.

High rates of development of the state and public fund based on the state plans, measures which are used by the state on assistance cooperative and to individual housing construction, create necessary conditions for providing the USSR guaranteed by the Constitution and Constitution of the Ukrainian SSR of the right of citizens to housing.

Important state task is ensuring safety of housing stock, increase in term of its service, increase in level of improvement of apartment houses. In permission of this task active participation is taken by public organizations and citizens.

The constitution of the USSR and the Constitution of the Ukrainian SSR oblige citizens to make thrifty use of housing provided to them.

The Soviet housing legislation is designed to promote the right of citizens to housing, to effective use and protection of housing stock.

Section I. General provisions

Article 1. Right of citizens of the Ukrainian SSR to housing

According to the Constitution of the USSR and the Constitution of the Ukrainian SSR citizens of the Ukrainian SSR have the right to housing. This right is provided with development and protection of the state and public housing stock, assistance cooperative and to individual housing construction, equitable distribution under public control of living space which is provided moderately implementation of the program of construction of well-planned dwellings, provision to citizens at will of monetary compensation for the premises ought to them for obtaining for categories of the citizens determined by the law, and also low rent and utilities.

Article 2. Task of the housing legislation of the Ukrainian SSR

Tasks of the housing legislation of the Ukrainian SSR are regulation of the housing relations with the purpose of providing the USSR guaranteed by the Constitution and Constitution of the Ukrainian SSR of the right of citizens to the dwelling, proper use and safety of housing stock, and also consolidation of legality in the field of the housing relations.

Article 3. Housing legislation of USSR and Ukrainian SSR

The housing relations in the Ukrainian SSR are governed by Bases of the housing legislation of USSR and federal republics and other acts of the housing legislation of USSR, this Code and other acts of the housing legislation of the Ukrainian SSR issued according to them.

The relations connected with construction of dwellings are regulated by the relevant legislation of USSR and the Ukrainian SSR.

Article 4. Housing stock

Apartment houses, and also premises in other buildings which are in the territory of the Ukrainian SSR form housing stock.

The housing stock includes:

apartment houses and premises in other buildings which belong to the state (the state housing stock);

apartment houses and premises in other buildings which belong to kolkhozes and other cooperative organizations, their associations, trade-union and other public organizations (public housing stock);

apartment houses which belong to housing cooperatives (fund of housing cooperatives);

apartment houses (part of houses), apartments which belong to citizens on the right of private property (private housing stock);

apartments in apartment apartment houses, farmstead (one-apartment) apartment houses, and also the premises in other buildings of all patterns of ownership provided to citizens who according to the law need social protection (housing stock of social appointment).

The housing stock joins also apartment houses which belong state and collective-farm and other state and cooperative consolidation, to the companies and the organizations. According to Bases of the housing legislation of USSR and federal republics the rules established for public housing stock are applied to these houses.

The housing stock does not include the non-residential premises in apartment houses intended for trade, household and other requirements of nonindustrial nature.

Article 5. State housing stock

The state housing stock consists under the authority of local councils of People's Deputies (housing stock of local councils) and under the authority of the ministries, the state committees and departments (departmental housing stock).

According to Bases of the housing legislation of USSR and federal republics of the house of departmental housing stock in the cities and settlements of city type are subject to gradual transfer to maintaining local councils of People's Deputies according to the procedure and in terms which are determined by Council of Ministers of the USSR and Council of Ministers of the Ukrainian SSR.

The apartment houses built with attraction according to the procedure of share participation of means of the state companies, organizations, organizations are enlisted (if another not established by the legislation of USSR) in housing stock of local councils of People's Deputies when functions of the single customer on construction of these houses were performed by executive committee of Council of People's Deputies.

Article 6. Purpose of apartment houses and premises

Apartment houses and premises intend for permanent or temporary residence of citizens, and also for use in accordance with the established procedure as office premises and hostels. Provision of rooms in apartment houses for requirements of industrial nature is forbidden.

Article 7. Exception of housing stock of apartment houses and premises

Periodically, in the terms established by Council of Ministers of the Ukrainian SSR inspection of condition of apartment houses of the state and public housing stock is performed.

Apartment houses and premises, unsuitable for accommodation, will be re-equiped for use in other purposes or such houses wear out according to the decision of executive committee of regional, city (city of republican subordination) Council of People's Deputies.

Premises, unsuitable for accommodation, in houses of housing cooperatives can be re-equiped in non-residential according to the decision of general meetings of members of cooperative, the approved executive committee of district, city, district Council of People's Deputies in the city.

The procedure for inspection of condition of apartment houses for the purpose of establishment of their compliance to health and technical requirements and recognition of apartment houses and premises unsuitable for accommodation is established by Council of Ministers of the Ukrainian SSR.

Article 8. Transfer of apartment houses and premises to non-residential

The translation of apartment houses and premises, suitable for accommodation, in houses of the state and public housing stock in non-residential, as a rule, is not allowed. In exceptional cases transfer of apartment houses and premises to non-residential it can be performed according to the decision of the bodies noted in part two to article 7 of this Code.

Transfer of apartment houses and premises of departmental and public housing stock to non-residential is performed according to offers of the relevant ministries, state committees, departments and central bodies of public organizations.

Transfer of apartment houses and premises which belong to kolkhozes to non-residential is performed according to the decision of general meetings of members of kolkhoz or charges of representatives.

The translation of apartment houses of housing cooperatives in non-residential is not allowed.

Article 8-1. Transfer to apartment houses of garden and country houses

Citizens according to the law have the right to the translation of the country and garden houses answering to the state construction regulations, to apartment houses according to the procedure, determined by the Cabinet of Ministers of Ukraine.

The decision on the transfer of country and garden houses to apartment houses is accepted by relevant organs of local self-government.

Article 9. Housing laws of citizens

Citizens have the right in unlimited use in accordance with the established procedure of premises in houses of the state or public housing stock or to receipt at will of monetary compensation for the premises ought to them for obtaining for categories of the citizens determined by the law or in houses of housing cooperatives.

Providing citizens with permanent housing who according to the legislation have the right to its obtaining can be performed by construction or acquisition of affordable housing due to provision of the state support according to the procedure, established by the Cabinet of Ministers of Ukraine.

Citizens have the right to privatization of apartments (houses) of the state housing stock, premises in the hostels which are in property of territorial societies or their acquisition in housing cooperatives, at the exchange biddings, by individual housing construction or obtaining in property on other bases provided by the law.

Nobody can be evicted from the occupied premises or is limited in right to use by premises differently by what for the reasons and according to the procedure, provided by the law.

Housing laws are protected by the law, except as specified, when they are performed in discrepancy with purpose of these rights or with violation of the rights of other citizens or the rights of the state and public organizations.

Article 10. Housing obligations of citizens

Citizens shall make thrifty use of the house in which they live, to use premises according to its appointment, to follow instructions for use premises, to economically spend water, gas, electrical and heat energy.

Apartment houses and premises cannot be used by citizens to the detriment of interests of society.

Article 11. Competence of USSR in regulation of the housing relations

According to Bases of the housing legislation of USSR and federal republics are under authority USSR in the field of regulation of the housing relations:

1) ensuring unity of legislative regulation of the housing relations;

2) management of housing of allied subordination, common directorship of housing of allied and republican subordination;

3) establishment of general bases of the organization and activities of state bodies housing;

4) approval of plan targets on capital repairs of housing stock on federal republics, the ministries, the state committees and departments of the USSR;

5) carrying out single technical policy in industry of repair of housing stock;

6) establishment of standard rates of expenditure of financial and material resources on operation and repair of housing stock on federal republics, the ministries, the state committees and departments of the USSR;

7) establishment of single procedure for the state accounting of housing stock;

8) establishment of the basic rules of accounting of citizens which need improvement of housing conditions, provision of premises and uses of them;

9) establishment of the amount of rent and privileges on payment of premises and utilities;

10) establishment of the basic rules of the organization and activities of housing cooperatives;

11) state control of use and safety of housing stock and establishment of procedure for its implementation;

12) permission of other questions of all-union value in industry of use and ensuring safety of housing stock according to the Constitution of the USSR and Bases of the housing legislation of USSR and federal republics.

Article 12. Competence of the Ukrainian SSR in regulation of the housing relations

Are under authority the Ukrainian SSR in the field of regulation of the housing relations outside the boundaries of competence of USSR:

1) legislative regulation of the housing relations in the republic;

2) management of housing of allied and republican and republican subordination, establishment of procedure for the organization and activities of state bodies by this economy;

3) approval of plan targets on capital repairs of housing stock in the republic;

4) implementation of the state accounting of housing stock in the territory of the republic;

5) establishment of accounting treatment for citizens who need improvement of housing conditions, provision of premises and uses of them;

6) establishment of procedure and terms of introduction of rent and payment for utilities;

7) establishment of procedure for the organization and activities of housing cooperatives, rights and obligations of their members;

8) establishment of rules and regulations of technical operation of apartment houses and instructions for use house adjoining territories;

9) implementation of the state control of use and safety of housing stock;

10) permission of other questions in the field of use and ensuring safety of housing stock, if they not carried to competence of USSR.

Section II. Management of housing stock

Article 13. Public administration in the field of use and ensuring safety of housing stock

According to Bases of the housing legislation of USSR and federal republics public administration in industry of use and ensuring safety of housing stock is performed by Council of Ministers of the USSR, Councils of Ministers of the Ukrainian SSR, executive committees of local councils of People's Deputies, the ministries, the state committees and departments, and also state bodies which are specially authorized on that according to the legislation of USSR and the Ukrainian SSR.

The Ministry of Housing and Public Utilities of the Ukrainian SSR is specially authorized body which exercises public administration in the field of use and ensuring safety of housing stock in the Ukrainian SSR.

Article 14. Competence of executive committees of regional, city (cities of republican subordination) Councils of People's Deputies in use and ensuring safety of housing stock

Executive committees of regional, city (cities of republican subordination) Councils of People's Deputies in limits and according to the procedure, established by the legislation of USSR, this Code and other acts of the legislation of the Ukrainian SSR, in the territory of the area (city of republican subordination):

1) exercise the state control of use and safety of housing stock (Article part one 30);

2) direct housing, the subordinate companies, organizations and the organizations of this area, provide complex development of housing;

3) exercise control of housing stock of local councils (Article part one 18) and ensure its safety, the correct operation, capital and running repair;

4) exercise control of condition and operation of departmental housing stock, take measures to transfer it to maintaining local councils;

5) make the decision on re-equipment and wrecking of apartment houses and premises, unsuitable for accommodation, in houses of the state and public housing stock (Article part two 7);

6) exercise control at the companies, in organizations the organizations behind condition of accounting of citizens who need improvement of housing conditions (Article 41), and also behind correctness of distribution of premises;

7) exercise control of activities of housing cooperatives, of operation and repair of the houses belonging to them (Article 138);

8) exercise control of content of houses which belong to citizens (Article 154).

Executive committees regional, city (the bridge of republican subordination) Councils of People's Deputies resolve also other issues in the industries of use and ensuring safety of housing stock carried to their maintaining by the legislation of USSR and the Ukrainian SSR.

Executive committees of city (cities of republican subordination) Councils of People's Deputies perform also appropriate rights and obligations, stipulated in Article the 15th this Code.

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