Law news «On amendments to some laws of Ukraine concerning the regulation of individual issues in the field of provision of housing and communal services»

«On amendments to some laws of Ukraine concerning the regulation of individual issues in the field of provision of housing and communal services»

We have already explained about the Draft Law «On Amendments to Some Laws of Ukraine concerning the Regulation of Individual Issues in the Sphere of Provision of Housing and Communal Services». But it is particularly noteworthy that LCD service providers will be allowed to enter citizens' homes without their consent, and sometimes even without notice.

What kind of edit for unian.net has told the lawyer, the head of criminal practice of UC "Riyako&partners" - Zinaida Chuprina

The proposed bill provides that public utilities have the right to enter the home without the permission of their owners. But it is only about «urgent cases connected with necessity of saving life and health of people and/or property».

It reads as follows:  In urgent cases involving the need to save the life and health of persons and/or property and to restrict (discontinue) the provision of a public service, access to housing may be effected in accordance with the procedure laid down in this article, To another object of immovable property without the consent of its owner (user) (unauthorized access) for carrying out an inspection and liquidation or prevention of accident, restriction (termination) of the provision of public service».

Obviously, this "innovation" violates the Constitution. Thus, the proposed changes are both positive and negative.
On the one hand, if there are genuine exigencies, it is necessary to enter a dwelling without the consent of the person, and on the other hand, there may be situations in which utilities abuse their rights.

The bill also provides for the drafting of a House Penetration Act:

  • It is unclear who will write it;
  • No uniform form;
  • The presence of witnesses, not only during the entry into the home, but also during the period of stay of the utilities in the apartment.

In addition to this:

  • Who, and at whose expense, will restore a broken lock or damaged doors?
  • How can the illegal actions of utilities be prosecuted and damages recovered?
  • Who will be responsible for the property in the apartment where they entered?
  • How long will a broken-in apartment be guarded before the owner arrives and will it be guarded at all?

The answers to these questions can be found at:
https:///ww.unian.net/economics/finance/10788146-zadolgi-vzlomayut-dvery-kakiekienovshestva-predostavleniya-uslugzhy-kh-khlylagayut-deputaty.html

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