course workshops for residents of apartment buildings-
"Workshop on the recognition of property rights to real estate co-owners of the House, solve problematic issues in relations with the executors of public utilities and how to samoorganìzuvatisâ the population»
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2016
(Kyiv, Kharkiv Highway, 160, 2nd floor, conference room)
Moderator: Lew Valeriy Yakovlevich
The first day of
(in the program changes, the program is designed for two days)
10.00 registration of participants. Coffee break
10.10-11.30 introduction to themes
The current state of affairs in the housing and communal sector of economy of Ukraine, perspectives and expectations. Analysis of the causes of the problems in the relationship of the consumer with the performers of housing and communal services. The nature of the formation of civil society, the State and democracy; employment, capital and economic system; the main elements of the structure of society; the main assets of the economic system. The development of self-government. Ways of reforms.
Land relations in Ukraine
Features of formation of land relations in Ukraine; the category of lands, purpose and types of use; the Earth as an object of legal regulation; the land as an object of property; the relationship between land owners and zemlekoristuvačami.
The objective reality of the legalization of property rights on land
Political and economic impact on the State of affairs with the legalization of property rights on land; features of registration of title to land in Ukraine; relationships related with State registration of ownership to immovable property; motivation regarding the legal ownership of the land plot and the capitalization of assets.
11.30-13.00 legal regulation of land and property relations
Disclosure definitions and articles land legislation; property, the basic concepts and definitions; The Constitution Of Ukraine; the basics of commercial and civil law; objects of civil rights; land real estate: ratio of the civil and land legislation; disposal of land plots of State and communal property ownership of local communities, the legal framework concerning the disposal of lands under the objects; documents that certify the land rights.
Real estate and its main characteristics. Apartment buildings – a common compatible and common partial property.
The concept of real estate; physical, legal and economic signs of real estate; the concept of REM and real estate; land improvement, as a component of the property; rights to real property; restriction of rights;
The concept of the land plot; physical characteristics; legal characteristics; characteristics of location; the plan of the external borders; land area (physical, GEODESIC); purpose; components that ensure the integrity of the land plot; the concept of rational use of land within its functional use; characteristics of the location; the parameters of the topography of the land plot; technical passport of the land plot.
The concept of shared ownership of the property (building, structure, land). Citizens ' right to land for public needs.
13.00-13.30 coffee break (sandwiches)
13.30-15.00-planning documentation and documentation of land management
Technical documentation of land management, and other documentation required for the registration of rights to land plots which are objects (houses and buildings); composition, content and rules of each type of documentation of the Organization; the level of regulation of the use of the land plot; town-planning documentation; reglamentuûčì documents; procedure for performance of the work of the Organization; the performers of the works requirements, sources of information; drafting of the documents certifying the ownership right to a land plot, the right to use the land plot splitting or combining land; requirements for securing the borders of the land plot in kind.
Documentation for apartment house land (pribudinkovu territory)
Sources of information storage of documents; balansoutrimuvačì and maintenance of residential buildings and adjacent territories; urban and zemlevporâdna documentation; technical documentation of permanent storage (technical passport of the design-budget documentation, acts of State Commission on acceptance of residential house in operation, kotlovì books, etc.);
sanitary standards and rules for the retention of territories populated places.
15.00-16.00 the role of the State and public authorities in the settlement of issues in the housing and communal sector and on the property. Authority relationships, commitments, administrative and regulatory functions; the role of the State, municipal authorities in dealing with manufacturers, providers of public services; the rights of citizens, communities, consumers, the relations concerning public utilities of proper quality, corresponding to the amount of the payment on the fact.
16.00-16.30 coffee break
16.30-18.00 Association of co-owners.
Characteristics of the subjects of the joint property-CONDOMINIUMS, COOPERATIVE, CO.
Examples of problematic issues that arise in the legal relations during the possession, use, disposal of premises, buildings, structures, land
Simulation of situational problems with right of disposal for apartment building (houses).
Detection of conflict situations, the causes of conflicts, consideration of the proposals for their elimination. The development of solutions for achieving results in the shortest time possible.
Examples of settlement of issues arising in legal relations during the use of the land plots of State or communal property.
The second day
09.30-11.00 the notion of territorial community
Disclosure definitions and articles of the Constitution of Ukraine, civil code of Ukraine, law of Ukraine "about local government in Ukraine", the European Charter of local self-government. Determination of subjects of public and private law. Communities of Ukraine and practice them.
Creating authority of self-organisation of population (BSPS).
Motivation. Disclosure definitions and articles of the Constitution of Ukraine, land legislation on local self-government and bodies of self-organisation of population; the Organization and activity of the bodies of self-organisation of population; the territory within which valid BSPS. Budinkovij Committee (House) is the main link of the territorial community; the sequence of formation and requirements for the creation of a brownie. Decisions, statements and other documents necessary for legalization of ISP, gaining legal status. The financial and economic basis of ISP. The default position of the House.
Simulation of the process of creation of the ISP.
Practical consideration of situations by the creation of the Brownie of an reference to the homes of listeners; consideration of the causes of errors that affect the Organization of the formation and activity of Budinkomìv. Discussion and testing students on the quality of the assimilation of the material.
11.00-11.30 coffee break
The inadequacy of social protection systems in the field of housing and municipal economy
Legislation about the peculiarities of realization of property rights in an apartment building. Legal issues in the field of providing and receiving utility services that require legal regulation of legal assistance. Problems with contracts and obtaining the appropriate residential services. Analysis of the reasons for the failure of the relevant public utilities customers – residents of the homes.
13.00-13.30 coffee break (sandwiches)
13.30-15.00 legislation on housing and communal services
Legislative and normative-legal acts in the field of providing and receiving residential services, the protection of the rights of citizens.
The procedure for the formation and establishment of tariffs. Contractual basis, the procedure of approval of contract agreements, accession.
15.00-16.00 the House + Ltd "Local social-innovative technologies
Control of formation of tariffs and the question of compliance and control. Proposals for settlement of the relations between the consumers and producers/performers of utility services.
16.30-18.00 Home + Ltd "Local social-innovative technologies
The alternative options of residential services. The design of joint partial ownership of the apartment building along with the land plot. Advisory Service of owners of buildings, legal protection, representation of the interests of owners of houses in the authorities, in dealing with the perpetrators of communal services, business entities. Preparation and implementation of innovative projects. Partnership and employment.
Public protection. Arbitration proceedings in the housing and communal sector
Arbitration, Court of arbitration. The scope of application of the law of Ukraine "on arbitration courts". The scheme of the public consideration of legal cases in arbitration courts.