of June 30, 1983 No. 5464-X
The preamble is excluded according to the Law of Ukraine of 21.04.2022 No. 2215-IX
According to the Constitution of Ukraine citizens have the right to housing. This right is provided with development and protection of housing stock, assistance cooperative and to individual housing construction, equitable distribution under public control of the living space provided in process of 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.
Tasks of the housing legislation of Ukraine are regulation of the housing relations with the purpose of providing the right of citizens to the dwelling guaranteed by the Constitution of Ukraine, proper use and safety of housing stock, and also strengthening of legality in the field of the housing relations.
The housing relations in Ukraine are governed by the Constitution of Ukraine, this Code and other acts of the legislation of Ukraine.
The relations connected with housing construction are regulated by the relevant legislation of Ukraine.
Apartment houses, and also premises in other buildings which are in the territory of Ukraine 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 association (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 the legislation of Ukraine 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.
The state housing stock consists under the authority of local councils (housing stock of local councils) and under the authority of the ministries, the state committees and departments (departmental housing stock).
According to the legislation of Ukraine houses of departmental housing stock in the cities and settlements of city type are subject to gradual transfer to maintaining local councils according to the procedure and in terms which are determined by Council of Ministers of Ukraine.
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) in housing stock of local councils when functions of the single customer on construction of these houses were performed by executive committee of councils.
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.
Periodically, in the terms established by Council of Ministers of Ukraine 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) of councils.
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 councils 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 Ukraine.
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.
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.
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 national and public associations.
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.
No. 2215-IX is excluded according to the Law of Ukraine of 21.04.2022
The state in the sphere of the housing relations provides:
1) unity of legislative regulation of the housing relations;
2) establishment of general bases of the organization and activities of state bodies housing;
3) establishment of single procedure for the state accounting of housing stock;
4) establishment of standard rates of expenditure of financial and material resources on operation and repair of the state housing stock;
5) establishment of accounting treatment for the citizens needing improvement of housing conditions, provisions of premises and use of them;
6) establishment of procedure and terms of introduction of rent and payment for utilities;
7) establishment of the size of privileges on payment of premises and utilities;
8) establishment of procedure for the organization and activities of housing cooperatives, rights and obligations of their members;
9) establishment of rules and regulations of technical operation of apartment houses and instructions for use house adjoining territories;
10) implementation of the state control of use and safety of housing stock;
11) the solution of other questions of nation-wide value in the field of use and ensuring safety of housing stock according to the legislation of Ukraine.
Public administration in the field of use and ensuring safety of housing stock is performed by the Cabinet of Ministers of Ukraine, the central executive body which provides forming and realizes the state housing policies, local government bodies, and also other state bodies which are specially authorized on that according to the legislation of Ukraine.
Specially authorized body exercising public administration in the field of use and ensuring safety of housing stock in Ukraine is the central executive body which provides forming and realizes the state housing policies.
Executive committees of regional, city (cities of republican subordination) councils in limits and according to the procedure, established by this Code and other acts of the legislation of Ukraine, 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 industry, 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 in maintaining local councils;
5) make the decision on re-equipment and demolition 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 the citizens needing 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 the houses belonging to citizens (Article 154).
Executive committees regional, city (the bridge of republican subordination) councils resolve also other issues in the industries of use and ensuring safety of housing stock carried to their maintaining by the legislation and Ukraine.
Executive committees of city (cities of republican subordination) councils perform also appropriate rights and obligations, stipulated in Article the 15th this Code.
Executive committees of district, city, district councils in the cities in limits and according to the procedure, established by this Code and other acts of the legislation of Ukraine in the territory of the area, the city, the area in the city:
1) exercise the state control of use and safety of housing stock (Article part one 30);
2) manage housing, provide proper technical condition, capital and running repair of dwelling stock which is available under the authority of council;
3) exercise control of housing stock of local councils (Article part one 18);
4) exercise control of condition and operation of departmental housing stock;
5) perform accounting of the citizens needing improvement of housing conditions (Article part one 36), and also control of condition of this accounting at the companies, in organizations, the organizations (Article 41), approve decisions on statement of citizens on place of employment on accounting of the housing conditions needing improvement (Article 39);
6) make decisions on provision of premises in houses of housing stock of local council (Article 51), approve joint decisions of administration and trade-union committee of the company, organization, organization on provision of premises in houses of departmental housing stock (Article 52);
7) perform accounting of the citizens wishing to enter housing cooperative (Article part four 134), lists of persons entering housing cooperative, and the decision of general meeting of members of housing cooperative on admission to membership of cooperative and on provision of the apartment (Article part six 137, claim Article part one 141);
8) exercise control of activities of housing cooperatives, of operation and repair of the houses belonging to them, cancel the decisions of general meeting or board of housing cooperative contradicting the legislation (Article 138);
9) make the decision on inclusion of premises in number office (Article 118), approve the decision of general meeting of members of kolkhoz or meeting of representatives on inclusion of premises in houses of kolkhozes in number office and the list of employee categories to which such rooms (Article 120) can be provided;
10) is issued by warrants for premises (Article part one 58, Article part one 122, Article part two 141);
11) grant safe-conducts (armor) on premises (Article 75);
12) exercise control of content of the houses belonging to citizens (Article 154);
13) give to citizens help in carrying out repair of premises (Article 178).
Executive committees of district, city, district councils in the cities resolve also other issues in the field of use and ensuring safety of housing stock carried to their maintaining by the legislation of the Union of SSR and Ukrainian SSR.
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