The new Housing Code unconstitutional

14.12.2010 11:29
Standards adopted by the parliament as the basis of the draft Housing Code, often come into conflict with the Constitution of Ukraine, said in an article for "ZN"Director of the Institute of Alexander Sergienko.

"We must explicitly recognize that today, but more so in the future, the most realistic way to get an apartment would buy it, and in most cases the loan. How could regulate this process legislator? The only novel, dedicated to this - Article 129.

The gist is that if you do not pay for the credit (mortgage) apartment, on written request of the creditor you - without trial - are obliged, within a month apartment free!, - Says the expert. - This is a direct violation of Article 47 of the Constitution of Ukraine, where black and white: "No one shall be forcibly deprived of housing other than pursuant to law by the court," ie, the court should be required, but on the basis of the law? ".

Sergienko also draws attention to the fact that the Code does not govern the return of the lender has already paid his rent money.

"Will the bank to return the family paid the rent money? It is known that the lender when the loan repayment with interest, receives three times the price of the apartment! Logic dictates: if the treaty parties return to the zero option, that is, the family returns an apartment, then the bank should return all the money: the body and the loan and interest, and adjusted for inflation! All this, obviously, was to be in the code, but none of that "- said the expert.

He considers unconstitutional, and Article 36 of the draft Housing Code.

"The Apotheosis or apofigey relationship to someone else's property - Article 36: Citizens oblige to give - for free - your own apartment, belonging to them on the basis of private ownership (as so stated in the article!), The entity that provides them in the order of a new - notes Sergienko. - Just read on the same article 41 of the Constitution in order to understand - their intentions are contrary to constitutional norms: "The expropriation of objects of private property rights may be exercised only as an exception based on public need, under and in accordance with the procedure established by law and subject to prior and full recovery of their costs. "
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