(Bulletin of the Verkhovna Rada (VVR), 2004, N 47, Art. 514 )

This Law defines the basic principles of organizational and economic relations arising in the sphere of provision and consumption of housing and communal services between their producers, executors and consumers, as well as their rights and obligations.

Section I
GENERAL PROVISIONS

Article 1. Definition of terms 1. In this Law, the terms listed below are used in the following meaning:
- housing and communal services - the result of economic activity aimed at ensuring the conditions of residence and stay of persons in residential and non-residential premises, buildings and structures, complexes of buildings and structures in accordance with regulations, norms, standards, procedures and rules;
- accident - damage to engineering networks, equipment or structural elements of structures that has arisen for technogenic or natural reasons, which prevents their further operation in accordance with technical conditions;
- balance holder of a building, structure, residential complex or complex of buildings and structures (hereinafter - balance holder) - the owner or legal entity that, under an agreement with the owner, keeps the relevant property on its balance sheet, and also maintains accounting, statistical and other reporting provided for by legislation, makes calculations of funds necessary for timely major and current repairs and maintenance, and also ensures management of this property and is responsible for its operation in accordance with the law;
- executor - a business entity whose activity is the provision of a housing and communal service to a consumer in accordance with the terms of the contract;
- producer - a business entity that produces or creates housing and communal services;
- owner of a premises, building, structure, residential complex or complex of buildings and structures (hereinafter - owner) - an individual or legal entity holding the right of possession, use and disposal of a premises, building, structure, residential complex or complex of buildings and structures, registered in the manner prescribed by law;
- in-house systems - networks, fittings on them, devices and equipment, means of metering and regulating the consumption of housing and communal services located within a building or structure;
- metering device - a device, technical apparatus for recording quantitative and/or qualitative indicators of a housing and communal service, which has standardized metrological characteristics;
quantitative indicator of housing and communal services - a unit of measurement for calculating the volume of a service received by a consumer, determined in accordance with the requirements of regulations, norms, standards, procedures and rules under legislation;
- communal services - the result of economic activity aimed at satisfying the need of an individual or legal entity for the provision of cold and hot water, water disposal, gas and electricity supply, heating, as well as the removal of household waste in the manner established by legislation;
- force majeure - the action of an emergency situation of a technogenic, natural or environmental nature that makes it impossible to provide the relevant service in accordance with the terms of the contract;
consumption norms - quantitative indicators of consumption of housing and communal services approved in accordance with legislation by the relevant executive authorities and local self-government bodies;
- consumer - an individual or legal entity that receives or intends to receive a housing and communal service;
- distribution point - the place of transfer of a service from one person to another, equipped with metering and regulation devices;
- manager - a person who, under an agreement with the owner or the balance holder, manages a building, structure, residential complex or complex of buildings and structures (hereinafter - building management) and ensures its proper operation in accordance with the law and the terms of the agreement;
- maintenance of buildings and adjacent territories - economic activity aimed at satisfying the needs of an individual or legal entity for ensuring the operation and/or repair of residential and non-residential premises, buildings and structures, complexes of buildings and structures, as well as the maintenance of the territory adjacent to them (house adjoining territory) in accordance with the requirements of regulations, norms, standards, procedures and rules under the legislation;
- quality of a housing and utility service - a set of standardized characteristics of a housing and utility service that determines its ability to satisfy the established or anticipated needs of the consumer in accordance with legislation.


Article 2. State policy in the field of housing and utility services
1. State policy in the field of housing and utility services is based on the following principles:
1) ensuring the rational use of available resources and sustainable development of populated areas;
2) creating and maintaining a competitive environment in the production and provision of housing and utility services, ensuring control in the field of activity of natural monopolies;
3) ensuring the functioning of enterprises, institutions and organizations that produce, perform and/or provide housing and utility services on the terms of self-financing and achieving the level of economically justified costs for their production;
4) regulation of prices/tariffs for housing and utility services, the list of which is determined by this Law, taking into account the achieved level of socio-economic development, natural features of the relevant region and technical capabilities;
5) ensuring equal opportunities of access to receiving the minimum norms of housing and utility services for consumers regardless of social or property status, age, location and form of ownership of legal entities, etc.;
6) compliance with established standards, normatives, norms, procedures and rules regarding the quantity and quality of housing and utility services;
7) ensuring social protection of low-income citizens.


Article 3. Subject of regulation of this Law. Entities in the field of housing and utility services
1. The subject of regulation of this Law is the legal relations arising between producers, providers, consumers in the process of creation, provision and consumption of housing and utility services.
2. The entities of this Law are executive authorities, local self-government bodies, owners, producers, providers and consumers of housing and utility services.


Article 4. Legislation of Ukraine in the field of housing and utility services
1. The legislation of Ukraine in the field of housing and utility services is based on the Constitution of Ukraine ( 254к/96-ВР ) and consists of normative legal acts in the field of civil and housing legislation, this Law and other normative legal acts regulating relations in the field of housing and utility services.
2. If international treaties of Ukraine, the consent to be bound by which has been given by the Verkhovna Rada of Ukraine, establish rules other than those provided for by the laws of Ukraine, the rules of the international treaties shall apply.


Section II
POWERS OF EXECUTIVE AUTHORITIES AND LOCAL SELF-GOVERNMENT BODIES IN THE FIELD OF HOUSING AND UTILITY SERVICES

Article 5. Powers of the central executive body for housing and communal services, other central executive bodies in the field of housing and communal services
1. The powers of the central executive body for housing and communal services include:
1) preparing proposals on the formation of state policy in the field of housing and communal services;
2) organizing, within its powers, the development and implementation of state and regional programs in the field of housing and communal services;
3) developing scientifically substantiated standards for consumption and losses of resources used in the production, transportation and supply of housing and communal services;
4) developing, within its powers, a system of regulatory legal acts on the formation of prices/tariffs for housing and communal services, standards, norms, procedures and rules in the field of housing and communal services, as well as on the operation, routine and major repairs, and reconstruction of housing stock facilities;
5) ensuring control over compliance by executors/producers with the requirements of standards, norms, procedures and rules and issuing instructions on the elimination of violations within the limits established by legislation;
6) development of model contracts;
7) coordination of the activities of local executive bodies and local self-government bodies in the field of housing and communal services;
8) organizing and performing, within its powers, work on standardization, metrology and confirmation of conformity in the field of housing and communal services;
9) licensing of certain types of economic activity in the field of housing and communal services in accordance with law;
10) monitoring the status of payments for housing and communal services;
11) regulatory and legal support for the activities of local state administrations to exercise control over prices/tariffs for housing and communal services;
12) resolving other issues in the field of housing and communal services in accordance with law.

2. Central executive bodies shall participate in the development and implementation of state policy in the field of housing and communal services within their powers as defined by law.

3. The central executive body for electricity regulation shall, within its competence, form state policy on setting prices for electricity and natural gas, and tariffs for their transportation and supply to enterprises and organizations that produce and provide housing and communal services to the population.

Article 6. Powers of the Council of Ministers of the Autonomous Republic of Crimea, oblast state administrations, and Kyiv and Sevastopol city state administrations in the field of housing and communal services
1. The powers of the Council of Ministers of the Autonomous Republic of Crimea, oblast state administrations, and Kyiv and Sevastopol city state administrations in the field of housing and communal services include:
1) ensuring compliance with the requirements of legislation in this field;
2) development and implementation of regional and local programs, participation in the development and implementation of state programs in this field;
3) licensing of certain types of economic activity in accordance with the law;
4) interaction with local self-government bodies on issues of providing housing and communal services and regulating prices/tariffs within the limits of their powers;
5) attracting non-budgetary sources of financing to ensure the implementation of state and regional programs in the field of housing and communal services;
6) exercising control over prices/tariffs for housing and communal services and monitoring the status of payments for them;
7) resolving other issues in the field of housing and communal services in accordance with the laws.

Article 7. Powers of local self-government bodies in the field of housing and communal services
1. The powers of local self-government bodies in the field of housing and communal services include:
1) approval and implementation of local programs in the field of housing and communal services, participation in the development and implementation of relevant state and regional programs;
2) setting prices/tariffs for housing and communal services in accordance with the law;
3) approval of consumption norms and quality standards for housing and communal services, control over their compliance;
4) determination of the provider of housing and communal services in accordance with this Law in the procedure approved by the central executive authority on housing and communal services;
5) management of facilities in the field of housing and communal services that are in communal ownership of the respective territorial communities, ensuring their proper maintenance and efficient operation;
6) provision of housing and communal services of the necessary level and quality to the population;
7) establishment of convenient operating hours for producers and providers for the population;
8) informing the population in accordance with legislation about the implementation of local programs in the field of housing and communal services, as well as about the compliance of the quality of housing and communal services with normatives, norms, standards and rules;
9) conclusion of contracts with enterprises of various forms of ownership for the production and/or provision of housing and communal services;
10) exercising control over compliance with legislation on consumer rights protection in the field of housing and communal services;
11) monitoring the implementation of local programs for the development of housing and communal services;
12) resolving other issues in the field of housing and communal services in accordance with the laws.

Section III
REGULATION OF RELATIONS IN THE FIELD OF HOUSING AND UTILITY SERVICES

Article 8. Normative regulation in the field of housing and utility services
1. Standards, norms, rules and regulations establish a set of qualitative and quantitative indicators and requirements that regulate the production and provision of housing and utility services, taking into account social, economic, natural-climatic and other conditions of regions and populated areas.
2. Standards, norms, procedures and rules in the field of housing and utility services are developed and approved by the Cabinet of Ministers of Ukraine, the central executive body in the field of standardization, the central executive body for housing and utility services, local executive bodies and local self-government bodies within their powers and in accordance with the law.
3. Other central executive bodies approve normative legal acts in the field of housing and utility services, which are issued within their powers after agreement with or jointly with the central executive body for housing and utility services and are registered in the manner established by law.

Article 9. Control over compliance with standards, norms, procedures and rules in the field of housing and utility services
1. Control over compliance with standards, norms, procedures and rules in the field of housing and utility services shall be exercised by central executive bodies and other executive bodies specially authorized for this purpose, as well as local self-government bodies in accordance with their powers.
2. The bodies referred to in part one of this article may engage, on a voluntary basis, representatives of bodies of self-organization of the population and members of the boards of associations of co-owners of apartment buildings, housing construction cooperatives, youth housing complexes, etc., in their work.
3. The results of inspections of compliance with standards, norms, procedures and rules in the field of housing and utility services and the conclusions obtained as a result of the work of commissions established on the initiative or with the participation of local self-government bodies and/or bodies of self-organization of the population and members of the boards of associations of co-owners of apartment buildings, housing construction cooperatives, youth housing complexes, etc., must be freely provided for review to these representatives upon their request.

Article 10. Certification and licensing in the field of housing and utility services
1. To confirm compliance with the requirements of codes of established practice, standards, norms, procedures and rules, natural and legal persons - providers of certain types of housing and utility services receive a certificate of conformity of the quality of these services in accordance with the law.
2. The procedure for issuing and revoking a certificate, its validity period, as well as an exhaustive list of types of housing and utility services subject to certification, shall be established by the Cabinet of Ministers of Ukraine.
3. Certain types of economic activity in the field of housing and utility services shall be subject to licensing in accordance with the law.

Article 11. Public hearings and public control in the field of housing and utility services
1. Public hearings in the field of housing and utility services shall be held in the manner determined by the charter of the territorial community.

2. In order to ensure the rights of the population to receive information on compliance with legal requirements, as well as standards, norms and rules in the field of housing and utility services, local self-government bodies, in accordance with their powers:
1) at least once a year, inform the population through the media about the state and plans, development projects, and reform of the housing and utility sector of the respective populated area;
2) engage representatives of bodies of self-organization of the population and members of the boards of associations of co-owners of apartment buildings, housing construction cooperatives, youth housing complexes, etc., registered in the established manner, in participation in discussions of the state and plans, development projects, and reform of the housing and utility sector of the respective populated area;
3) prepare proposals for local self-government bodies regarding the harmonization of the interests of territorial communities and providers/producers in the event of disagreements in determining the needs of the territorial community for these services, their quantity, quality and cost.

3. Proposals submitted based on the results of public hearings shall be subject to mandatory consideration by local self-government bodies.

Section IV
HOUSING AND COMMUNAL SERVICES AND THEIR PROVISION

Article 12. Classification of housing and communal services
1. Housing and communal services are divided by:
1) functional purpose;
2) procedure for approving prices/tariffs.

Article 13. Distribution of housing and communal services depending on functional purpose
1. Depending on their functional purpose, housing and communal services are divided into:
1) communal services (centralized supply of cold and hot water, wastewater disposal, gas and electricity supply, centralized heating, as well as removal of household waste, etc.);
2) services for the maintenance of buildings and structures and adjacent territories (cleaning of intra-building premises and adjacent territory, sanitary and technical maintenance, maintenance of intra-building networks, maintenance of elevators, lighting of common areas, routine repairs, removal of household waste, etc.);
3) services for managing a building, structure or group of buildings (balance maintenance, conclusion of contracts for the provision of services, monitoring of compliance with the terms of the contract, etc.);
4) services for the repair of premises, buildings, and structures (replacement and reinforcement of structural elements and networks, their reconstruction, restoration of the load-bearing capacity of load-bearing structural elements, etc.).

2. Model lists of housing and communal services and their composition, depending on functional purpose, are determined by the central executive authority for housing and communal services.

Article 14. Distribution of housing and communal services by the procedure for approving prices/tariffs
1. Depending on the procedure for approving prices/tariffs for housing and communal services, they are divided into three groups:
1) the first group - housing and communal services, prices/tariffs for which are approved by specially authorized central executive authorities;
2) the second group - housing and communal services, prices/tariffs for which are approved by local self-government bodies for provision in the respective territory;
3) the third group - housing and communal services, prices/tariffs for which are determined exclusively by contract (agreement of the parties).

2. Prices/tariffs for communal services and services for the maintenance of buildings and structures and adjacent territories are formed and approved by executive authorities and local self-government bodies in accordance with their powers defined by law.

Article 15. Minimum standards of housing and communal services
1. Minimum standards for housing and utility services are established for the purpose of ensuring sanitary and hygienic requirements for people's residence and their presence in premises, ensuring technical requirements for the operation of a building (structure), maintaining the load-bearing capacity of structures and the operational characteristics of intra-building networks and systems.
2. Minimum standards for housing and utility services, which determine the minimum list and minimum requirements for the quantity and quality of housing and utility services, are approved by the Cabinet of Ministers of Ukraine.
3. Services whose prices/tariffs are determined exclusively by a contract (agreement of the parties) cannot be included in the list of minimum necessary housing and utility services.

Article 16. Procedure for providing housing and utility services
1. The procedure for providing housing and utility services and their qualitative and quantitative indicators must comply with the terms of the contract and the requirements of legislation.
2. The list of housing and utility services provided to the consumer depends on the level of amenities of the relevant building (structure).
3. Utility services are provided to the consumer without interruption, except for interruptions for:
1) carrying out repair and preventive maintenance work by the provider/producer according to a schedule agreed with the executive bodies of local councils or local state administrations in accordance with current construction norms and rules, rules of technical operation and use, provisions on current and major repairs, and other regulatory documents;
2) the inter-heating period for heating systems, the decision on the start and end of which is made by the executive bodies of the relevant local councils or local state administrations based on climatic conditions, in accordance with current construction norms and rules, rules of technical operation, and other regulatory documents;
3) elimination of consequences related to the action of force majeure.

4. In the event of an interruption in the provision of services, the provider/producer is obliged to notify the consumer of such interruption through the mass media no later than 10 days in advance (except for an interruption arising as a result of an accident or force majeure). The notification must state the reason and duration of the interruption in the provision of the relevant services.

5. In the event of exceeding the normatively established time limits, except for the occurrence of force majeure circumstances, the provider/producer is liable in accordance with the law.

6. Local executive authorities or local self-government bodies, in the procedure established by the Cabinet of Ministers of Ukraine, have the right to temporarily determine other consumption norms, quality standards, and regimes for the provision of housing and utility services, taking into account the technical capabilities of enterprises, climatic and other local conditions.

7. The term of validity of a decision to restrict other parameters and norms of consumer properties and regimes for the provision of housing and utility services may not exceed one year.

Article 17. Procedure for access to housing and other property for eliminating accidents, conducting inspections of technical condition, and checking meter readings

1. The consumer is obliged to provide access to the network, fittings, metering devices, and distribution systems to representatives of the provider/producer, provided they have the appropriate certificate:
1) for eliminating accidents - around the clock;
2) for installing and replacing sanitary-technical and engineering equipment, conducting technical and preventive inspections, taking control readings of metering devices, etc. - in accordance with the essential terms of the contract.

2. Employees of the provider/producer must respect the rights of consumers and be present (visit) only in those premises where the equipment being checked, repaired, or inspected is located.

3. In urgent cases related to saving human life and property, entry into a person's housing and other property may be carried out for the purpose of inspecting them and eliminating accidents without obtaining the consumer's consent (unauthorized access) in the procedure established by this article.

4. If the consumer is absent and at the same time it is impossible to establish contact with them for the purpose of informing them about the need to arrive immediately at the premises, or they refuse to allow representatives of the provider/manufacturer into the premises occupied by them, and at the same time there are objective grounds to believe that the accident or malfunction that makes it impossible to provide housing and communal services to other consumers occurred precisely in these premises, access to the premises is carried out without obtaining the consumer's consent (unauthorized access).

5. A representative of the provider/manufacturer warns the consumer who is present but refuses to allow access to the dwelling and other property about the carrying out of unauthorized access.

6. During the carrying out of unauthorized access and until the complete completion of the works specified in part seven of this article, the following must be present: a representative of the provider/manufacturer, a representative of the balance holder/manager, internal affairs bodies, the emergency repair crew, and a consumer from any of the adjacent premises.

7. During unauthorized access, the emergency repair crew is assigned the following duties:
1) ensuring access to the premises by breaching the structural integrity of the entrance doors or windows in the premises after agreeing their actions with other participants in the unauthorized access;
2) conducting an inspection of the site of the accident or malfunction that make it impossible to provide housing and communal services to other consumers;
3) carrying out repair and restoration works;
4) urgent restoration of the structural integrity of the entrance doors and windows of the premises that were damaged during the unauthorized access, and carrying out repair and restoration works, but not more than within one day from the time of the unauthorized access;
5) respect for the rights of citizens living in these premises, minimization of the negative consequences of unauthorized access, in particular with regard to their property, and limiting access only to the premises necessary for carrying out the works.

8. A representative of the provider/manufacturer draws up acts on the carrying out of unauthorized access and on the carrying out of repair and restoration works, which are signed by all participants in the unauthorized access. The acts must necessarily state: the grounds for the unauthorized access, a note on warning the consumer indicating the time and persons who conducted negotiations with the consumer, if such negotiations were conducted, the cause and place of occurrence of the accident or malfunction, the list of works performed, and the surname, first name, patronymic and positions of the participants in the unauthorized access. The originals of the drawn-up acts are kept by the provider/manufacturer; copies certified by the provider's seal are issued to the other participants in the unauthorized access.

9. A representative of the provider/manufacturer seals the restored doors and windows with their own seal and affixes a signature, time and date of sealing.

Article 18. Filing of consumer claims against providers
1. In the event of the provider's violation of the terms of the contract, the consumer has the right to call the provider's representative to draw up and sign a consumer claim report, in which the time limits, types, indicators of violations, etc. are stated.
2. A representative of the provider must appear at the consumer's call no later than the period specified by the contract.
3. The claim report is drawn up by the consumer and the provider's representative and is certified by their signatures. In the event of the provider's representative failing to arrive within the period agreed by the terms of the contract or unreasonably refusing to sign the claim report, it is considered valid if it has been signed by at least two consumers.
4. The consumer's claim report is submitted to the provider, who within three working days decides the issue of recalculating payments or issues to the consumer a reasoned written refusal to satisfy their claims.
5. Disputes regarding the satisfaction of consumer claims are resolved in court. The consumer has the right to pre-trial resolution of the dispute by satisfying the submitted claim.
6. If, based on the results of an analysis, the fact of deterioration of the standardized water quality indicators is established, the consumer's expenses incurred in paying the cost of conducting the water analysis are subject to compensation at the expense of the provider/manufacturer.

Section V
RIGHTS AND OBLIGATIONS OF CONSUMERS, PROVIDERS, MANUFACTURERS

Article 19. Participants in contractual relations in the field of housing and communal services
1. Relations between participants in contractual relations in the field of housing and communal services shall be carried out exclusively on a contractual basis.
2. The participants in relations in the field of housing and communal services are: the owner, the consumer, the executor, and the producer.
3. The producer of services may be their executor.
4. Special participants in relations in the field of housing and communal services are the balance holder and the manager, who, depending on civil law agreements, may be the consumer, executor, or producer.

Article 20. Rights and obligations of the consumer
1. The consumer has the right to:
1) receive timely and appropriate quality housing and communal services in accordance with the legislation and the terms of the contract for the provision of housing and communal services;
2) receive, in the manner prescribed by law, the necessary information on the list of housing and communal services, their cost, the total amount of the monthly payment, the price/tariff structure, consumption norms, the procedure for providing housing and communal services, their consumer properties, etc.;
3) compensation for losses caused to his property and/or premises, and for damage caused to his life or health as a result of improper provision or non-provision of housing and communal services;
4) elimination, within the term established by the contract or legislation, of identified defects in the provision of housing and communal services;
5) reduction of the amount of payment for services provided in the event of their non-provision or provision not in full, or deterioration of their quality, in the manner determined by the contract or legislation;
6) non-payment of the cost of housing and communal services for the period of temporary absence of the consumer and/or members of his family with appropriate documentary processing, as well as for the period of actual absence of housing and communal services determined by the contract in the manner established by the Cabinet of Ministers of Ukraine;
7) receive compensation from the executor in the amount determined by the contract, court decision, or legislation, for exceeding the regulatory time limits for carrying out emergency restoration work;
8) verification of the quantity and quality of housing and communal services in the manner established by the Cabinet of Ministers of Ukraine.

2. The consumer has the right to enter into a contract with the executor of the relevant services for preventive maintenance, verification, as well as replacement or repair of sanitary-technical appliances, devices, equipment and metering devices that have become unserviceable.

3. The consumer is obliged to:
1) enter into a contract for the provision of housing and communal services prepared by the executor on the basis of a model contract;
2) promptly take measures to eliminate identified malfunctions related to the receipt of housing and communal services that arose through his own fault;
3) ensure the integrity of metering devices for communal services and not interfere with their operation;
4) at his own expense, repair and replace sanitary and technical appliances and devices, and equipment that have failed through his fault;
5) pay for housing and utility services within the time limits established by the contract or law;
6) observe fire and gas safety rules and sanitary standards;
7) allow representatives of the provider/manufacturer into premises, buildings and structures in the manner prescribed by law and the contract, for elimination of accidents, remediation of faults in sanitary-technical and engineering equipment, its installation and replacement, conducting technical and preventive inspections, and checking readings of metering devices;
8) comply with the requirements of housing and urban planning legislation regarding repair or reconstruction of premises or parts thereof, and not allow violations of the lawful rights and interests of other participants in relations in the field of housing and utility services;
9) prepare in a timely manner the residential building and dwelling (in which he lives or which belongs to him by right of ownership) and its technical equipment for operation in the autumn-winter period; 10) in case of late payments for housing and utility services, pay a penalty in the amounts established by law or the contract.

Article 21. Rights and obligations of the provider
1. The provider shall have the right:
1) develop and submit for approval calculations of the level of prices/tariffs for housing and utility services of the first and second groups (paragraphs 1 and 2 of part one of Article 14 of this Law) in the manner established by legislation;
2) propose, when concluding a contract, prices/tariffs for housing and utility services of the third group (paragraph 3 of part one of Article 14 of this Law);
3) participate in competitions for the right to provide housing and utility services in a certain territory in accordance with this Law;
4) require the consumer to comply with the requirements of the rules for the operation of residential premises and the adjoining territory, sanitary-hygienic and fire-prevention rules and other normative legal acts in the field of housing and utility services;
5) require the consumer to carry out in a timely manner works to eliminate identified faults related to the receipt of housing and utility services that arose through the consumer's fault, or to reimburse the cost of such works;
6) receive compensation for benefits provided in accordance with the law to certain categories of citizens and accrued subsidies for payment of housing and utility services and return them in the event of non-provision of such services or benefits;
7) to compensation for losses in the event that the relevant local self-government body approves prices/tariffs lower than the amount of economically justified costs for their production;
8) access to premises, buildings and structures for elimination of accidents, remediation of faults in sanitary-technical and engineering equipment, its installation and replacement, conducting technical and preventive inspections and checking readings of metering devices in the manner prescribed by law and the contract.

2. The provider shall be obliged:
1) ensure timely and appropriate quality provision of housing and utility services in accordance with legislation and the terms of the contract;
2) exercise control over the technical condition of engineering equipment of buildings, apartments, and premises;
3) prepare and conclude with the consumer a contract for the provision of housing and utility services with determination of responsibility for compliance with its terms in accordance with the model contract;
4) provide, in the manner prescribed by legislation, the necessary information on the list of housing and utility services, their cost, the total amount of the monthly payment, the structure of prices/tariffs, consumption standards, the schedule for provision of housing and utility services, their consumer properties, etc.;
5) prepare the residential building and its technical equipment in a timely manner for operation during the autumn-winter period;
6) consider, within the period established by legislation, consumer claims and complaints and make appropriate recalculations of the amount of payment for housing and utility services in the event of their non-provision or provision not in full, or a decrease in their quality;
7) maintain in proper technical condition, carry out technical maintenance and repair of in-building networks, take measures to eliminate emergency situations and eliminate violations of service quality within the time limits established by the contract and/or legislation;
8) pay the consumer compensation for exceeding the established time limits for carrying out emergency restoration works in the amount determined by the contract or legislation;
9) keep records of consumer demands (claims) in connection with violation of the procedure for providing housing and utility services, changes in their consumer properties and exceeding the time limits for carrying out emergency restoration works;
10) promptly, at its own expense, carry out works to eliminate identified malfunctions related to the receipt of housing and utility services that arose through its fault.

Article 22. Rights and obligations of the producer
1. The producer has the right:
1) develop and submit for approval to authorized bodies prices/tariffs for housing and utility services of the first and second groups (paragraphs 1 and 2 of part one of Article 14 of this Law);
2) propose, when concluding a contract, prices/tariffs for housing and utility services of the third group (paragraph 3 of part one of Article 14 of this Law);
3) conclude contracts with local self-government bodies for the production and creation of housing and utility services;
4) require timely and full payment for the provided services from providers;
5) participate in competitions for the acquisition of the right to produce housing and utility services in a certain territory;
6) issue permits and technical specifications for connecting consumers to the relevant centralized engineering networks in the manner prescribed by legislation;
7) receive information about local programs for the development of the housing and utility sector and other sectoral programs for the relevant territories;
8) to reimbursement of losses in the event that the relevant local self-government body approves prices/tariffs lower than the amount of economically justified costs for their production.

2. The producer is obliged to:
1) conclude a contract with the provider (consumer) on the terms of provision of housing and utility services;
2) produce housing and utility services in accordance with the terms of the contract, standards, norms, regulations, and rules;
3) to carry out, in the manner established by the Cabinet of Ministers of Ukraine, appropriate recalculations of the amount of payment for housing and communal services in the event of their non-provision or provision not in full, or a decrease in their quality;
4) to introduce resource-saving and innovative technologies for the production of housing and communal services;
5) to carry out technological accounting of material and energy resources;
6) to provide, in the established manner, the necessary information on the list of housing and communal services, their cost, the total amount of the monthly payment, the tariff structure, consumption norms, the regime for providing housing and communal services, their consumer properties, etc.

Article 23. Owner's rights
1. The owner has the right to keep on its balance sheet and manage the property belonging to it.
2. The owner has the right to entrust the balance holder or manager with the full or partial disposal and management of the property belonging to it in accordance with the law and the contract.
3. In the case of joint ownership by several co-owners, the decision on keeping on the balance sheet and/or managing the property shall be made in accordance with the law.

Article 24. Rights and obligations of the balance holder
1. The balance holder has the right:
1) to perform the functions of keeping on the balance sheet the property transferred to it under a contract with the owner and to manage it, or to transfer, under a contract, in full or in part, the management functions to the manager;
2) to determine the procedure for maintaining, operating and repairing the property;
3) to conclude contracts for the provision of housing and communal services;
4) to decide on the use of funds for capital and current repairs;
5) to carry out economic activity in the manner determined by law;
6) to apply to court for foreclosure on the property of persons who refuse to pay bills for the consumption of housing and communal services or to compensate for damage caused to the property held on its balance sheet.

2. The balance holder is obliged:
1) to conclude a contract with the owner (co-owners) for keeping the relevant property on the balance sheet;
2) to keep on the balance sheet the property specified in the contract with the owner (co-owners);
3) to maintain accounting, statistical and other reporting provided for by legislation in accordance with the law;
4) ensure the management of property by own efforts or enter into an agreement with a legal entity for the management of property;
5) ensure conditions for the timely carrying out of major and current repairs in accordance with established standards, normatives, norms and rules;
6) ensure proper operation and maintenance of the property that is on its balance sheet.

Article 25. Rights and obligations of the manager
1. The manager has the right:
1) to manage a building, structure, residential complex or complex of buildings and structures and ensure their proper operation;
2) to enter into contracts with producers, contractors (performers) and consumers in the manner established by law;
3) to monitor compliance with the terms of contracts for the provision of housing and communal services;
4) to receive payment for the performance of its own functions;
5) to access premises, buildings and structures for the elimination of accidents, remedy of malfunctions of sanitary-technical and engineering equipment, its installation and replacement, conduct of technical and preventive inspections, etc., in the manner determined by law and the contract;
6) to apply to executive authorities, local self-government bodies and courts within the powers determined by law and the contract to ensure proper fulfillment of the terms of the contract by producers, contractors (performers) and consumers.

2. The manager is obliged to:
1) ensure the operation of the building, structure, residential complex or complex of buildings and structures and landscaping facilities located in the adjacent areas in accordance with the terms of concluded contracts, standards, normatives, norms and rules;
2) comply with the terms of contracts with participants in relations in the field of housing and communal services;
3) require unconditional fulfillment of the terms of the contract, standards, normatives, norms and rules by service providers;
4) require timely and full payment for provided housing and communal services from consumers;
5) provide the necessary information to consumers and register consumer appeals in the manner established by legislation in the event of accidents or temporary suspension of the performance of any service provided for by the contract;
6) monitor the state of provision of housing and communal services to consumers, the recalculation of the amount of payment for housing and communal services in case of their non-provision or provision not in full, or a decrease in their quality;
7) inspect the main structural elements, enclosing structures of buildings and structures, engineering networks, and landscaping facilities located in the adjacent areas (external and internal building systems, access roads and sidewalks), and draw up relevant acts;
8) ensure the implementation of preventive, current, major and emergency repairs in accordance with the requirements for terms and regulations established by standards, normatives, norms and rules;
9) provide, in the manner established by law, the necessary information on the list of housing and utility services, their cost, the total amount of the monthly payment, the structure of prices/tariffs, consumption norms, the service provision schedule, their consumer properties, etc.

Section VI
PROCEDURE FOR CONCLUDING CONTRACTS IN THE FIELD OF HOUSING AND UTILITY SERVICES

Article 26. Essential terms of the contract between the executor/producer and the consumer
1. The essential terms of the contract for the provision of housing and utility services are:
1) the names of the parties;
2) the subject of the contract;
3) an exhaustive list of housing and utility services, tariffs and their components for each of these services, the total cost of the services;
4) the procedure for payment for consumed housing and utility services;
5) the procedure for recalculating the amount of payment for housing and utility services in the event of their non-provision or provision not in full, or a decrease in their quality;
6) the rights and obligations of the parties;
7) the procedure for control and reporting by the parties;
8) the procedure for measuring volumes and determining the quality of services provided;
9) determination of distribution points at which services are transferred from the executor/producer to the consumer;
10) the procedure for servicing networks and the distribution of powers regarding their operation and restoration (repair);
11) the conditions of access to an apartment, house, premises, or land plot for eliminating accidents, malfunctions, inspecting networks, and taking control readings from metering devices;
12) the procedure for carrying out repairs;
13) the liability of the parties and penalties for non-fulfillment of the terms of the contract;
14) the procedure for resolving disputes;
15) the list of force majeure circumstances;
16) term of the contract;
17) conditions for amendment, extension, and termination of the contract;
18) date and place of conclusion of the contract.

2. In addition to the essential terms, the contract may contain other terms by agreement of the parties.

3. A contract for the provision of housing and communal services enters into force from the moment of its conclusion.

4. If the executor is not the producer, the relations between it and the producer are governed by a separate contract concluded in accordance with the requirements of this article.

5. The procedure for agreeing the contract takes place within one month from the day the draft contract is submitted by one of the parties.

6. If the need to receive the service disappears or the consumer refuses to use the service of the executor/producer, the consumer has the right to terminate the contract in the manner established by law.

Article 27. Application of competitive principles in the provision of housing and communal services and the conclusion of contracts
1. The conclusion of contracts for the provision of housing and communal services according to the established list for objects of state or communal ownership shall be carried out based on the results of a competition.
2. The list of housing and communal services, the right to provide which is contested on a competitive basis, shall be determined by the local self-government body.
3. The organizer of the competition is the owner or balance holder or a person authorized by them. The organizer of the competition is obliged to publish the competition conditions. The competition conditions shall include:
1) the list of housing and communal services for the provision of which the competition has been announced;
2) requirements for participants in the competition;
3) requirements for the volumes of provision of housing and communal services;
4) requirements for the quality of performance taking into account current standards, norms, rules and regulations;
5) the term for which the contract is concluded, and the grounds for its termination;
6) information about the object of the competition for the provision of housing and communal services.

4. The conditions for the provision of housing and communal services may contain additional information about the condition of the object of service provision or the desired forms of its provision.

Article 28. Procedure for conducting a competition when concluding contracts for the provision of housing and communal services
1. The competition shall be held no earlier than 30 days from the date of publication of official information about it. The official information must include details of the place and time of the competition (tender), the name and address of the institution, the surname and position, and the telephone number of the person with whom one can review the conditions for providing housing and communal services.
2. If only one person participated in the competition for the provision of housing and communal services, the contract for carrying out the relevant types of activity shall be concluded for a term not exceeding 12 months.
3. In the event of a violation of legislation during the conduct of the competition or the signing of the contract, the results of the competition and/or the contract shall be declared invalid by a court, and a new competition shall be scheduled no later than 10 days after the court decision enters into force.
4. The winner of the competition has the right, at its discretion, to enter into subcontracts without holding additional competitions.
5. If the competition is organized for a privately owned facility, the competition organizer must conduct it in accordance with this Law.
6. A competition for the provision of housing and communal services may be held pursuant to a court decision.
7. The procedure for preparing and holding competitions and model contracts for the provision of housing and communal services shall be approved by the Cabinet of Ministers of Ukraine.

Article 29. Specifics of concluding contracts in an apartment building
1. A contract for the provision of housing and communal services in an apartment building shall be concluded between the owner of an apartment, the lessee or the apartment tenant, and the balance holder or a person authorized by it.
2. If the balance holder is not a provider, it shall conclude contracts for the provision of housing and communal services with another provider.
3. The procedure for agreeing the terms of the contract shall take place within one month from the day the draft contract is submitted by one of the parties.

Section VII
BASIC PRINCIPLES OF TARIFF FORMATION AND PAYMENT FOR HOUSING AND COMMUNAL SERVICES

Article 30. Principles of state regulation of prices/tariffs for housing and communal services
1. State regulation of prices/tariffs is based on the following basic principles:
1) accessibility of housing and communal services for all consumers and equality of legal guarantees;
2) normative regulation of the provision of housing and communal services to consumers at prices/tariffs approved in accordance with the procedure established by law;
3) correspondence of the level of prices/tariffs to the amount of economically justified costs for their production;
4) openness, accessibility and transparency of the structure of prices/tariffs for consumers and society;
5) correspondence of payment for housing and communal services to their availability, quantity and quality;
6) responsibility of providers/producers for non-compliance with the requirements of standards, norms, rules, procedures and regulations;
7) guarantees of social protection of the population when paying for housing and communal services and the growth of population incomes outpacing the growth of prices/tariffs for housing and communal services.

Article 31. Procedure for forming and approving prices/tariffs for housing and communal services
1. The procedure for forming prices/tariffs for each type of housing and communal services of the first and second groups (paragraphs 1 and 2 of part one of Article 14 of this Law) shall be determined by the Cabinet of Ministers of Ukraine.
2. Providers/producers shall calculate the economically justified costs for the production of housing and communal services and submit them for approval to local self-government bodies in the manner established by legislation.
3. Local self-government bodies shall approve prices/tariffs for housing and communal services in the amount of economically justified costs for their production.
4. If prices/tariffs for housing and communal services are approved lower than the amount of economically justified costs for their production, the body that approved them shall be obliged to compensate the providers/producers from the relevant local budget for the difference between the approved amount of prices/tariffs and the economically justified costs for the production of these services.
5. Expenditures for compensation of losses of enterprises related to the approval of prices/tariffs for housing and communal services lower than the amount of economically justified costs for their production shall be provided for in the relevant local budget by the relevant village, settlement, or city council.
6. Approval of prices/tariffs for housing and communal services lower than the amount of economically justified costs for their production without appropriate compensation is not permitted and may be challenged in court.
7. Central executive bodies shall be responsible for the consequences of establishing or regulating prices/tariffs that are changed by them in accordance with their powers.
8. In the event of changes in prices/tariffs for services/goods by central executive bodies that led to unforeseen costs for providers/producers, the central executive bodies shall be obliged to compensate in full the losses caused by such changes during the current financial year and before approval of the new budget.
9. Disputes concerning the formation and approval of prices/tariffs for housing and communal services, as well as compensation for losses of enterprises related to the approval of prices/tariffs for housing and communal services lower than the amount of economically justified costs for their production, shall be resolved in court.

Article 32. Payment for housing and communal services
1. Payment for housing and communal services shall be accrued monthly in accordance with the terms of the contract.
2. The amount of payment for communal services shall be calculated based on the amount of approved prices/tariffs and readings of metering devices or according to norms approved in the established procedure.
3. The amount of payment for the maintenance of buildings and structures and adjoining territories shall be established depending on the capital nature, level of amenities, and improvement.
4. The payment document shall include columns for indicating current and previous readings of metering devices for consumption of communal services, the difference between these readings or approved norms, the price/tariff for this type of communal service, and the amount payable for the service provided.
5. In the event of a change in the cost of housing and communal services, the provider/producer shall notify the consumer thereof no later than 30 days before such change, stating the reasons for the change in cost and providing appropriate justification with reference to the approval of the relevant bodies.

Section VIII
FINAL PROVISIONS
1. This Law shall enter into force on the day of its publication, except for parts four, five, seven and eight of Article 31 of this Law, which shall enter into force on January 1, 2005.

Contracts for the provision of housing and communal services concluded before the entry into force of this Law shall be brought into conformity with it by January 1, 2006. Contracts that are not brought into conformity with this Law within the specified period shall become invalid.

2. The Cabinet of Ministers of Ukraine shall:
a) within six months from the date of entry into force of this Law:
- submit to the Verkhovna Rada of Ukraine proposals for introducing amendments to laws arising from this Law;
- bring its normative legal acts into conformity with this Law;
- ensure that central executive bodies bring their normative legal acts into conformity with this Law;
b) within a three-month period from the date of entry into force of this Law, develop the model contracts provided for by this Law.

President of Ukraine L. KUCHMA
Kyiv, June 24, 2004
N 1875-IV