Section I GENERAL PROVISIONS
Article 1. Definition of terms 1. In this Law, the terms 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 norms, standards, procedures and rules; - accident - damage to engineering networks, equipment or structural elements of structures that arose for technogenic or natural reasons, which prevent their further operation in accordance with technical conditions; - balance holder of a building, structure, housing complex or complex of buildings and structures (hereinafter - balance holder) - the owner or a legal entity that, under an agreement with the owner, maintains the relevant property on its balance sheet, and also keeps accounting, statistical and other reporting provided for by legislation, carries out calculations of funds necessary for timely major and current repairs and maintenance, and also ensures the management of this property and bears responsibility for its operation in accordance with the law; - executor - a business entity whose subject of activity is the provision of housing and communal services to the consumer in accordance with the terms of the contract; - producer - a business entity that produces or creates housing and communal services; - owner of premises, building, structure, housing complex or complex of buildings and structures (hereinafter - owner) - a natural or legal person who owns the right of possession, use and disposal of premises, building, structure, housing 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 accounting and regulation of consumption of housing and communal services located within a building, structure; - means of accounting - a device, technical device for accounting of quantitative and/or qualitative indicators of housing and communal services, which has standardized metrological characteristics; quantitative indicator of housing and communal services - a unit of measurement for calculating the volume of services received by the consumer, determined in accordance with the requirements of norms, standards, procedures and rules in accordance with legislation; - communal services - the result of economic activity aimed at satisfying the needs of a natural or legal person in the provision of cold and hot water, water disposal, gas and electricity supply, heating, as well as removal of household waste in the manner prescribed by legislation; - force majeure - the effect of an emergency situation of technogenic, natural or ecological nature, which 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 - a natural or legal person who receives or intends to receive housing and communal services; - distribution point - the place of transfer of service from one person to another, equipped with means of accounting and regulation; - manager - a person who, under an agreement with the owner or balance holder, manages a building, structure, housing 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 contract; - maintenance of buildings and adjacent territories - economic activity aimed at satisfying the needs of a natural or legal person regarding the provision of operation and/or repair of residential and non-residential premises, buildings and structures, complexes of buildings and structures, as well as maintenance of the adjacent (household) territory in accordance with the requirements of norms, standards, procedures and rules in accordance with legislation; - quality of housing and communal services - a set of standardized characteristics of housing and communal services that determines its ability to satisfy established or anticipated needs of the consumer in accordance with legislation.
Article 2. State policy in the sphere of housing and communal services 1. State policy in the sphere of housing and communal services is based on the following principles: 1) ensuring rational use of available resources and sustainable development of settlements; 2) creation and maintenance of a competitive environment in the production and provision of housing and communal services, ensuring control in the sphere of activity of natural monopolies; 3) ensuring the functioning of enterprises, institutions and organizations that produce, perform and/or provide housing and communal 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 communal 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 obtaining minimum norms of housing and communal services for consumers regardless of social, property status, age, location and form of ownership of legal entities, etc.; 6) compliance with established standards, norms, procedures and rules regarding the quantity and quality of housing and communal services; 7) ensuring social protection of low-income citizens.
Article 3. Subject of regulation of this Law. Subjects in the sphere of housing and communal services 1. The subject of regulation of this Law is legal relations arising between producers, executors, consumers in the process of creation, provision and consumption of housing and communal services. 2. The subjects of this Law are executive authorities, local self-government bodies, owners, producers, executors and consumers of housing and communal services.
Article 4. Legislation of Ukraine in the sphere of housing and communal services 1. The legislation of Ukraine in the sphere of housing and communal services is based on the Constitution of Ukraine ( 254к/96-VR) 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 sphere of housing and communal services. 2. If international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, establish other rules than those provided for by the laws of Ukraine, the rules of international treaties shall apply.
Section II POWERS OF EXECUTIVE AUTHORITIES AND LOCAL SELF-GOVERNMENT BODIES IN THE SPHERE OF HOUSING AND COMMUNAL SERVICES
Article 5. Powers of the central executive authority on housing and communal economy, other central executive authorities in the sphere of housing and communal services 1. The powers of the central executive authority on housing and communal economy include: 1) preparation of proposals on the formation of state policy in the sphere of housing and communal services; 2) organization, within its powers, of the development and implementation of state and regional programs in the sphere of housing and communal services; 3) development of scientifically substantiated norms of costs and losses of resources used in the production, transportation and supply of housing and communal services; 4) development, within its powers, of a system of normative legal acts on the formation of prices/tariffs for housing and communal services, standards, norms, procedures and rules in the sphere of housing and communal services, as well as on operation, current and major repairs, reconstruction of housing stock objects; 5) ensuring control over compliance by executors/producers with the requirements of standards, norms, procedures and rules and issuing orders on elimination of violations within the limits established by legislation; 6) development of model contracts; 7) coordination of activities of local executive authorities and local self-government bodies in the sphere of housing and communal services; 8) organization and performance, within its powers, of work on standardization, metrology and conformity confirmation in the sphere of housing and communal services; 9) licensing of certain types of economic activity in the sphere of housing and communal services in accordance with the law; 10) monitoring of the state of settlements for housing and communal services; 11) normative legal support for the activities of local state administrations for the exercise of control over prices/tariffs for housing and communal services; 12) resolution of other issues in the sphere of housing and communal services in accordance with the law.
2. Central executive authorities participate in the development and implementation of state policy in the sphere of housing and communal services within their powers determined by laws.
3. The central executive authority on regulation of the electric power industry forms, within its competence, state policy on setting prices for electricity and natural gas, 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, regional, Kyiv and Sevastopol city state administrations in the sphere of housing and communal services 1. The powers of the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city state administrations in the sphere of housing and communal services include: 1) ensuring compliance with the requirements of legislation in this sphere; 2) development and implementation of regional and local programs, participation in the development and implementation of state programs in this sphere; 3) licensing of certain types of economic activity in accordance with the law; 4) interaction with local self-government bodies on issues of provision of housing and communal services and regulation of prices/tariffs within their powers; 5) attraction of non-budgetary sources of financing to ensure the implementation of state and regional programs in the sphere of housing and communal services; 6) exercise of control over prices/tariffs for housing and communal services and monitoring of the state of settlements for them; 7) resolution of other issues in the sphere of housing and communal services in accordance with laws.
Article 7. Powers of local self-government bodies in the sphere of housing and communal services 1. The powers of local self-government bodies in the sphere of housing and communal services include: 1) approval and implementation of local programs in the sphere of housing and communal economy, participation in the development and implementation of relevant state and regional programs; 2) establishment of prices/tariffs for housing and communal services in accordance with the law; 3) approval of norms of consumption and quality of housing and communal services, control over their compliance; 4) determination of the executor of housing and communal services in accordance with this Law in the procedure approved by the central executive authority on housing and communal economy; 5) management of objects in the sphere of housing and communal services that are in communal ownership of the relevant territorial communities, ensuring their proper maintenance and efficient operation; 6) provision of the population with housing and communal services of the necessary level and quality; 7) establishment of a convenient working regime for the population of producers and executors; 8) informing the population in accordance with legislation about the implementation of local programs in the sphere of housing and communal economy, as well as about the compliance of the quality of housing and communal services with norms, standards and rules; 9) conclusion of contracts with enterprises of various forms of ownership for the production and/or performance of housing and communal services; 10) exercise of control over compliance with legislation on protection of consumer rights in the sphere of housing and communal services; 11) monitoring of the implementation of local programs for the development of housing and communal economy; 12) resolution of other issues in the sphere of housing and communal services in accordance with laws.
Section III REGULATION OF RELATIONS IN THE SPHERE OF HOUSING AND COMMUNAL SERVICES
Article 8. Normative regulation in the sphere of housing and communal services 1. Standards, norms, rules and procedures establish a set of qualitative and quantitative indicators and requirements that regulate the production and performance of housing and communal services taking into account social, economic, natural-climatic and other conditions of regions and settlements. 2. Standards, norms, procedures and rules in the sphere of housing and communal services are developed and approved by the Cabinet of Ministers of Ukraine, the central executive authority in the sphere of standardization, the central executive authority on housing and communal economy, local executive authorities and local self-government bodies within their powers and in accordance with legislation. 3. Other central executive authorities approve normative legal acts in the sphere of housing and communal services issued within their powers after agreement with or jointly with the central executive authority on housing and communal economy and registered in the manner prescribed by legislation.
Article 9. Control over compliance with standards, norms, procedures and rules in the sphere of housing and communal services 1. Control over compliance with standards, norms, procedures and rules in the sphere of housing and communal services is exercised by central executive authorities and other specially authorized executive authorities, as well as local self-government bodies in accordance with their powers. 2. The bodies specified 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 multi-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 sphere of housing and communal services and conclusions obtained as a result of the work of commissions created 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 multi-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 sphere of housing and communal services 1. To confirm compliance with the requirements of codes of established practice, standards, norms, procedures and rules, natural and legal persons - executors of certain types of housing and communal services receive a certificate of conformity of the quality of these services in accordance with the law. 2. The procedure for issuing and depriving a certificate, its validity period, as well as an exhaustive list of types of housing and communal services subject to certification, are established by the Cabinet of Ministers of Ukraine. 3. Certain types of economic activity in the sphere of housing and communal services are subject to licensing in accordance with the law.
Article 11. Public hearings and public control in the sphere of housing and communal services 1. Public hearings in the sphere of housing and communal services are held in the procedure determined by the charter of the territorial community.
2. In order to ensure the rights of the population to receive information on compliance with the requirements of legislation, as well as standards, norms and rules in the sphere of housing and communal services, local self-government bodies, in accordance with their powers: 1) at least once a year, through the mass media, inform the population about the state and plans, development projects, reform of the housing and communal economy of the relevant settlement; 2) engage representatives of bodies of self-organization of the population and members of the boards of associations of co-owners of multi-apartment buildings, housing construction cooperatives, youth housing complexes, etc., registered in the established procedure, in participation in the discussion of the state and plans, development projects, reform of the housing and communal economy of the relevant settlement; 3) prepare proposals for local self-government bodies on reconciling the interests of territorial communities and executors/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 are 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 approval of prices/tariffs.
Article 13. Distribution of housing and communal services depending on functional purpose 1. Depending on functional purpose, housing and communal services are divided into: 1) communal services (centralized supply of cold and hot water, water disposal, gas and electricity supply, centralized heating, as well as removal of household waste, etc.); 2) services for maintenance of buildings and structures and adjacent territories (cleaning of in-house premises and adjacent territory, sanitary-technical maintenance, maintenance of in-house networks, maintenance of elevators, lighting of common areas, current repairs, removal of household waste, etc.); 3) services for management of a building, structure or group of buildings (balance maintenance, conclusion of contracts for the performance of services, control over fulfillment of contract terms, etc.); 4) services for repair of premises, buildings, structures (replacement and reinforcement of structural elements and networks, their reconstruction, restoration of bearing capacity of 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 on housing and communal economy.
Article 14. Distribution of housing and communal services by procedure for approval of prices/tariffs 1. Depending on the procedure for approval of prices/tariffs for housing and communal services, they are divided into three groups: 1) first group - housing and communal services, prices/tariffs for which are approved by specially authorized central executive authorities; 2) second group - housing and communal services, prices/tariffs for which are approved by local self-government bodies for provision in the relevant territory; 3) 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 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 determined by law.
Article 15. Minimum norms of housing and communal services 1. Minimum norms of housing and communal services are established for the purpose of ensuring sanitary-hygienic requirements for people's residence and stay in premises, ensuring technical requirements for the operation of a building (structure), maintaining the bearing capacity of structures and operational characteristics of in-house networks and systems. 2. Minimum norms of housing and communal services, which determine the minimum list, minimum requirements for the quantity and quality of housing and communal services, are approved by the Cabinet of Ministers of Ukraine. 3. The list of minimum necessary housing and communal services may not include services, prices/tariffs for which are determined exclusively by contract (agreement of the parties).
Article 16. Procedure for provision of housing and communal services 1. The procedure for provision of housing and communal services, their qualitative and quantitative indicators must comply with the terms of the contract and the requirements of legislation. 2. The list of housing and communal services provided to the consumer depends on the level of improvement of the relevant building (structure). 3. Communal services are provided to the consumer without interruption, except for the time of interruptions for: 1) performance of repair and preventive works by the executor/producer according to a schedule agreed with the executive bodies of local councils or local state administrations in accordance with current building norms and rules, rules of technical operation and use, provisions on current and major repairs and other normative documents; 2) the inter-heating period for heating systems, the decision on the beginning and end of which is taken by the executive bodies of the relevant local councils or local state administrations based on climatic conditions, in accordance with current building norms and rules, rules of technical operation and other normative documents; 3) elimination of consequences related to the effect of force majeure.
4. In the event of an interruption in the provision of services, the executor/producer is obliged to notify the consumer through the mass media about such interruption no later than 10 days in advance (except for an interruption that arose as a result of an accident or force majeure). The notification must indicate the reason and duration of the interruption in the provision of the relevant services.
5. In the event of exceeding the normatively established terms, except for the occurrence of force majeure circumstances, the executor/producer bears responsibility 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 norms of consumption, quality and regimes of provision of housing and communal services taking into account the technical capabilities of enterprises, climatic and other local conditions.
7. The validity period of a decision on restricting other parameters and norms of consumer properties, regimes of provision of housing and communal services may not exceed one year.
Article 17. Procedure for access to housing and other possession for elimination of accidents, conducting inspections of technical condition, checking readings of means of accounting
1. The consumer is obliged to provide access to the network, fittings, means of accounting, distribution systems to representatives of the executor/producer upon presentation of the relevant certificate: 1) for elimination of accidents - around the clock; 2) for installation and replacement of sanitary-technical and engineering equipment, conducting technical and preventive inspections, taking control readings of means of accounting, etc. - in accordance with the essential terms of the contract.
2. Employees of the executor/producer must respect the rights of consumers and stay (visit) only in those premises where the equipment whose inspection, repair, or review is being carried out is located.
3. In urgent cases related to saving people's lives and property, entry into a person's housing and other possession may be carried out for inspection and elimination of 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 there is no possibility to establish contact with them for the purpose of informing them about the need to immediately arrive at the premises, or they refuse to allow representatives of the executor/producer into the premises they occupy, and at the same time there are objective grounds to believe that the accident or malfunctions that make 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. The representative of the executor/producer warns the consumer who is present but refuses to allow access to the housing and other possession 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 executor/producer, a representative of the balance holder/manager, internal affairs bodies, the emergency repair team and a consumer from any of the adjacent premises.
7. During unauthorized access, the emergency repair team 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 of the unauthorized access; 2) conducting an inspection of the place of the accident or malfunction that makes 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) observance of the rights of citizens living in these premises, minimization of negative consequences of unauthorized access, in particular regarding their property, and restriction of access only to the premises necessary for carrying out the works.
8. The representative of the executor/producer 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 of the unauthorized access. The acts must necessarily state: the grounds for unauthorized access, a note on warning the consumer indicating the time and persons who conducted negotiations with the consumer, if they were conducted, the cause and place of the accident or malfunction, the list of works performed, the surname, first name, patronymic and positions of the participants of the unauthorized access. The originals of the drawn-up acts are kept by the executor/producer; copies certified by the executor's seal are issued to other participants of the unauthorized access.
9. The representative of the executor/producer seals the restored doors and windows with their own seal and puts a signature, time and date of sealing.
Article 18. Filing of consumer claims against executors 1. In the event of violation by the executor of the terms of the contract, the consumer has the right to call their representative for drawing up and signing a consumer claim act, which states the terms, types, indicators of violations, etc. 2. The representative of the executor must appear at the consumer's call no later than the term determined by the contract. 3. The claim act is drawn up by the consumer and the representative of the executor and is certified by their signatures. In the event of non-arrival of the executor's representative within the term agreed by the terms of the contract or unjustified refusal to sign the claim act, it is considered valid if it was signed by at least two consumers. 4. The consumer's claim act is submitted to the executor, who within three working days decides on the recalculation of 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 filed claim. 6. In the event of establishing, based on the results of the analysis, the fact of deterioration of the standardized indicators of water quality, the consumer's expenses incurred in paying the cost of conducting the water analysis are subject to compensation at the expense of the executor/producer.
Section V RIGHTS AND OBLIGATIONS OF CONSUMERS, EXECUTORS, PRODUCERS
Article 19. Participants of contractual relations in the sphere of housing and communal services 1. Relations between participants of contractual relations in the sphere of housing and communal services are carried out exclusively on a contractual basis. 2. Participants of relations in the sphere of housing and communal services are: the owner, the consumer, the executor, the producer. 3. The producer of services may be their executor. 4. Special participants of relations in the sphere 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: 1) to receive timely and appropriate quality housing and communal services in accordance with legislation and the terms of the contract for the provision of housing and communal services; 2) to receive, in the procedure established by legislation, the necessary information about the list of housing and communal services, their cost, the total cost of the monthly payment, the structure of the price/tariff, consumption norms, the procedure for providing housing and communal services, their consumer properties, etc.; 3) to compensation for losses caused to their property and/or premises, harm caused to their life or health as a result of improper provision or non-provision of housing and communal services; 4) to elimination, within the term established by the contract or legislation, of identified defects in the provision of housing and communal services; 5) to a reduction in the amount of payment for services provided in the event of their non-provision or provision not in full, reduction of their quality in the procedure determined by the contract or legislation; 6) to non-payment of the cost of housing and communal services for the period of temporary absence of the consumer and/or members of their family with appropriate documentary registration, as well as for the period of actual absence of housing and communal services determined by the contract in the procedure established by the Cabinet of Ministers of Ukraine; 7) to receive from the executor compensation in the amount determined by the contract, court decision or legislation for exceeding the normative terms for carrying out emergency restoration works; 8) to check the quantity and quality of housing and communal services in the procedure established by the Cabinet of Ministers of Ukraine.
2. The consumer has the right to conclude a contract with the executor of the relevant services for prevention, verification, as well as replacement or repair of sanitary-technical devices, appliances, equipment and means of accounting that have failed.
3. The consumer is obliged: 1) to conclude a contract for the provision of housing and communal services prepared by the executor on the basis of a model contract; 2) to timely take measures to eliminate identified malfunctions related to the receipt of housing and communal services that arose through their own fault; 3) to ensure the integrity of means of accounting of communal services and not to interfere with their operation; 4) to repair and replace at their own expense sanitary-technical devices and appliances, equipment that failed through their fault; 5) to pay for housing and communal services within the terms established by the contract or law; 6) to comply with fire and gas safety rules, sanitary norms; 7) to allow representatives of the executor/producer into premises, buildings and structures in the procedure determined by law and the contract for the elimination of accidents, elimination of malfunctions of sanitary-technical and engineering equipment, its installation and replacement, conducting technical and preventive inspections and checking the readings of means of accounting; 8) to comply with the requirements of housing and urban planning legislation regarding the repair or reconstruction of premises or their parts, not to allow violation of the legal rights and interests of other participants of relations in the sphere of housing and communal services; 9) to timely prepare the residential building, dwelling (in which they live or which belongs to them by right of ownership) and its technical equipment for operation in the autumn-winter period; 10) in the event of untimely payments for housing and communal services, to pay a penalty in the amounts established by law or the contract.
Article 21. Rights and obligations of the executor 1. The executor has the right: 1) to develop and submit for approval calculations regarding the level of prices/tariffs for housing and communal services of the first and second groups (paragraphs 1 and 2 of part one of Article 14 of this Law) in the procedure established by legislation; 2) to propose, upon conclusion of the contract, prices/tariffs for housing and communal services of the third group (paragraph 3 of part one of Article 14 of this Law); 3) to participate in competitions for the acquisition of the right to perform housing and communal services in a certain territory in accordance with this Law; 4) to require the consumer to comply with the requirements of the rules of operation of residential premises and adjacent territory, sanitary-hygienic and fire-prevention rules and other normative legal acts in the sphere of housing and communal services; 5) to require the consumer to timely carry out works to eliminate identified malfunctions related to the receipt of housing and communal services that arose through the consumer's fault, or to compensate the cost of these works; 6) to receive compensation for privileges and accrued subsidies for payment of housing and communal services provided in accordance with the law to certain categories of citizens and to return them in the event of non-provision of such services or privileges; 7) to compensation for losses in the event of approval by the relevant local self-government body of prices/tariffs lower than the amount of economically justified costs for their production; 8) to access premises, buildings and structures for the elimination of accidents, elimination of malfunctions of sanitary-technical and engineering equipment, its installation and replacement, conducting technical and preventive inspections and checking the readings of means of accounting in the procedure determined by law and the contract.
2. The executor is obliged: 1) to ensure timely and appropriate quality provision of housing and communal services in accordance with legislation and the terms of the contract; 2) to exercise control over the technical condition of engineering equipment of buildings, apartments, premises; 3) to prepare and conclude with the consumer a contract for the provision of housing and communal services with determination of responsibility for compliance with the terms of its fulfillment in accordance with the model contract; 4) to provide, in the procedure established by legislation, the necessary information about the list of housing and communal services, their cost, the total cost of the monthly payment, the structure of prices/tariffs, consumption norms, the regime of provision of housing and communal services, their consumer properties, etc.; 5) to timely prepare the residential building and its technical equipment for operation in the autumn-winter period; 6) to consider, within the term determined by legislation, claims and complaints of consumers and to carry out appropriate recalculations of the amount of payment for housing and communal services in the event of their non-provision or provision not in full, reduction of their quality; 7) to maintain in proper technical condition, carry out technical maintenance and repair of in-house networks, take measures to eliminate emergency situations, eliminate violations of service quality within the terms established by the contract and/or legislation; 8) to pay the consumer compensation for exceeding the established terms of carrying out emergency restoration works in the amount determined by the contract or legislation; 9) to keep records of consumer requirements (claims) in connection with violation of the procedure for providing housing and communal services, changes in their consumer properties and exceeding the terms of carrying out emergency restoration works; 10) to timely carry out, at their own expense, works to eliminate identified malfunctions related to the receipt of housing and communal services that arose through their fault.
Article 22. Rights and obligations of the producer 1. The producer has the right: 1) to develop and submit for approval to authorized bodies prices/tariffs for housing and communal services of the first and second groups (paragraphs 1 and 2 of part one of Article 14 of this Law); 2) to propose, upon conclusion of the contract, prices/tariffs for housing and communal services of the third group (paragraph 3 of part one of Article 14 of this Law); 3) to conclude contracts with local self-government bodies for the production and creation of housing and communal services; 4) to require timely and full payment for services provided from executors; 5) to participate in competitions for the acquisition of the right to produce housing and communal services in a certain territory; 6) to issue permits and technical conditions for connecting consumers to the relevant centralized engineering networks in the procedure established by legislation; 7) to receive information about local programs for the development of housing and communal economy and other sectoral programs for the relevant territories; 8) to compensation for losses in the event of approval by the relevant local self-government body of prices/tariffs lower than the amount of economically justified costs for their production.
2. The producer is obliged: 1) to conclude a contract with the executor (consumer) on the terms of provision of housing and communal services; 2) to produce housing and communal services in accordance with the terms of the contract, standards, norms and rules; 3) to carry out, in the procedure 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, reduction of 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 procedure, the necessary information about the list of housing and communal services, their cost, the total cost of the monthly payment, the structure of tariffs, consumption norms, the regime of provision of housing and communal services, their consumer properties, etc.
Article 23. Rights of the owner 1. The owner has the right to keep on the balance sheet and manage the property belonging to them. 2. The owner has the right to entrust, fully or partially, the disposal and management of the property belonging to them in accordance with the law and the contract to the balance holder or manager. 3. In the case of joint ownership of several co-owners, the decision on keeping on the balance sheet and/or management of the property is taken 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 maintaining on the balance sheet the property transferred to them under an agreement with the owner and to manage it or to transfer, under a contract, fully or partially the management functions to the manager; 2) to determine the procedure for maintenance, operation and repair of the property; 3) to conclude contracts for the provision of housing and communal services; 4) to make decisions on the use of funds for carrying out major and current repairs; 5) to carry out economic activity in the procedure 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 losses caused to the property on their 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 determined by the contract with the owner (co-owners); 3) to keep accounting, statistical and other reporting provided for by legislation in accordance with legislation; 4) to ensure management of the property by their own forces or to conclude a contract with a legal entity for the management of the property; 5) to ensure conditions for timely carrying out of major and current repairs in accordance with established standards, norms and rules; 6) to ensure proper operation and maintenance of the property on their balance sheet.
Article 25. Rights and obligations of the manager 1. The manager has the right: 1) to manage a building, structure, housing complex or complex of buildings and structures and to ensure their proper operation; 2) to conclude contracts with producers, executors, consumers in the procedure established by law; 3) to control the fulfillment of the terms of contracts for the provision of housing and communal services; 4) to receive payment for the performance of their own functions; 5) to access premises, buildings and structures for the elimination of accidents, elimination of malfunctions of sanitary-technical and engineering equipment, its installation and replacement, conducting technical and preventive inspections, etc. in the procedure determined by law and the contract; 6) to apply to executive authorities, local self-government bodies and to court within the powers determined by law and the contract to ensure proper fulfillment of the terms of the contract by producers, executors and consumers.
2. The manager is obliged: 1) to ensure the operation of the building, structure, housing complex or complex of buildings and structures and improvement objects located on adjacent territories in accordance with the terms of concluded contracts, standards, norms and rules; 2) to comply with the terms of contracts with participants of relations in the sphere of housing and communal services; 3) to require unconditional fulfillment of the terms of the contract, standards, norms and rules from the executors of services; 4) to require timely and full payment for housing and communal services provided from consumers; 5) to provide the necessary information to consumers and to register consumer appeals in the procedure established by legislation in the event of accidents or temporary suspension of the performance of any service provided for by the contract; 6) to control the state of provision of housing and communal services to consumers, carrying out recalculations of the amount of payment for housing and communal services in the event of their non-provision or provision not in full, reduction of their quality; 7) to carry out inspection of the main structural elements, enclosing structures of buildings and structures, engineering networks, improvement objects located on adjacent territories (external and in-house systems, access roads and sidewalks), and to draw up relevant acts; 8) to ensure the carrying out of preventive, current, major and emergency repairs in accordance with the requirements established by standards, norms and rules regarding terms and regulations; 9) to provide, in the procedure established by legislation, the necessary information about the list of housing and communal services, their cost, the total cost of the monthly payment, the structure of prices/tariffs, consumption norms, the regime of provision of services, their consumer properties, etc.
Section VI PROCEDURE FOR CONCLUDING CONTRACTS IN THE SPHERE OF HOUSING AND COMMUNAL 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 communal services are: 1) name of the parties; 2) subject of the contract; 3) exhaustive list of housing and communal services, tariffs and their components for each of these services, total cost of services; 4) procedure for payment for consumed housing and communal services; 5) procedure for recalculations of the amount of payment for housing and communal services in the event of their non-provision or provision not in full, reduction of their quality; 6) rights and obligations of the parties; 7) procedure for control and reporting of the parties; 8) procedure for measuring volumes and determining the quality of services provided; 9) determination of distribution points at which the transfer of services from the executor/producer to the consumer takes place; 10) procedure for servicing networks and distribution of powers regarding their operation and restoration (repair); 11) conditions of access to the apartment, building, premises, land plot for elimination of accidents, malfunctions, inspection of networks, taking control readings of means of accounting; 12) procedure for carrying out repairs; 13) responsibility of the parties and penalty sanctions for non-fulfillment of the terms of the contract; 14) procedure for resolving disputes; 15) list of force majeure circumstances; 16) term of the contract; 17) conditions for amendment, prolongation, 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. The 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 them are regulated 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 of submission of the draft contract by one of the parties.
6. In the event of the disappearance of the need to receive a service or the consumer's refusal to use the service of the executor/producer, the consumer has the right to terminate the contract in the procedure established by law.
Article 27. Application of competitive principles in the provision of housing and communal services and conclusion of contracts 1. Conclusion of contracts for the provision of housing and communal services in accordance with the established list for objects of state or communal ownership is carried out based on the results of a competition. 2. The list of housing and communal services, the right to perform which is contested on a competitive basis, is 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 must contain: 1) the list of housing and communal services for the provision of which the competition is announced; 2) requirements for participants of 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 and rules; 5) the term for which the contract is concluded, and the grounds for its termination; 6) information about the object of the competition regarding the provision of housing and communal services.
4. The conditions for the provision of housing and communal services may contain additional information about the state of the object of service provision or the desired forms of its provision.
Article 28. Procedure for conducting a competition upon conclusion of contracts for the provision of housing and communal services 1. The competition is held no earlier than 30 days from the day of publication of official information about it. Official information must include information about the place and time of the competition (tender), the name and address of the institution, surname and position, phone number of the person from whom one can familiarize oneself with the conditions for the performance of housing and communal services. 2. If only one person participated in the competition for the provision of housing and communal services, the contract for the performance of the relevant types of activity is concluded for a term not exceeding 12 months. 3. In the event of violation of legislation during the conduct of the competition or signing of the contract, the results of the competition and/or the contract are recognized as invalid in court and a new competition is appointed no later than 10 days after the court decision enters into force. 4. The winner of the competition has the right, at their discretion, to conclude subcontracts without holding additional competitions. 5. If the competition is organized for an object of private ownership, the organizer of the competition must conduct it in accordance with this Law. 6. A competition for the provision of housing and communal services may be held by a court decision. 7. The procedure for preparing and conducting competitions and model contracts for the provision of housing and communal services are approved by the Cabinet of Ministers of Ukraine.
Article 29. Specifics of concluding contracts in a multi-apartment building 1. The contract for the provision of housing and communal services in a multi-apartment building is concluded between the owner of the apartment, the lessee or the apartment tenant and the balance holder or a person authorized by them. 2. If the balance holder is not the executor, they conclude contracts for the provision of housing and communal services with another executor. 3. The procedure for agreeing the terms of the contract takes place within one month from the day of submission of the draft contract 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 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 executors/producers for non-compliance with the requirements of standards, norms, procedures and rules; 7) guarantee of social protection of the population when paying for housing and communal services and the outpacing of growth in population incomes over the growth of prices/tariffs for housing and communal services.
Article 31. Procedure for formation and approval of 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) is determined by the Cabinet of Ministers of Ukraine. 2. Executors/producers carry out calculations of economically justified costs for the production of housing and communal services and submit them for approval to local self-government bodies in the procedure established by legislation. 3. Local self-government bodies approve prices/tariffs for housing and communal services in the amount of economically justified costs for their production. 4. In the event of approval of prices/tariffs for housing and communal services lower than the amount of economically justified costs for their production, the body that approved them is obliged to compensate from the relevant local budget to the executors/producers 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 are provided for by the relevant village, settlement, city council in the relevant local budget. 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 allowed and may be appealed in court. 7. Central executive authorities bear responsibility for the consequences of establishing or regulating prices/tariffs that are changed by them in accordance with their powers. 8. In the event of a change in prices/tariffs for services/goods by central executive authorities that led to unforeseen costs of executors/producers, central executive authorities are obliged to compensate in full the losses caused by such changes during the current financial year and until the approval of the new budget. 9. Disputes regarding the formation and approval of prices/tariffs for housing and communal services, as well as 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, are resolved in court.
Article 32. Payment for housing and communal services 1. Payment for housing and communal services is calculated monthly in accordance with the terms of the contract. 2. The amount of payment for communal services is calculated based on the amount of approved prices/tariffs and readings of means of accounting or according to norms approved in the established procedure. 3. The amount of payment for maintenance of buildings and structures and adjacent territories is established depending on the capital nature, level of arrangement and improvement. 4. The payment document must contain columns for indicating the current and previous readings of means of accounting of consumption of communal services, the difference of these readings or approved norms, the price/tariff for this type of communal services and the amount to be paid for the service provided. 5. In the event of a change in the cost of housing and communal services, the executor/producer notifies the consumer thereof no later than 30 days in advance, specifying the reasons for the change in cost and providing appropriate justifications with reference to the approval of the relevant bodies.
Section VIII FINAL PROVISIONS 1. This Law enters into force from the day of its publication, except for parts four, five, seven and eight of Article 31 of this Law, which enter into force from January 1, 2005.
Contracts for the provision of housing and communal services concluded before the entry into force of this Law must be brought into compliance with it by January 1, 2006. Contracts not brought into compliance with this Law within the specified period lose force.
2. The Cabinet of Ministers of Ukraine: a) within six months from the day of entry into force of this Law: - to submit to the Verkhovna Rada of Ukraine proposals on introducing amendments to laws arising from this Law; - to bring its normative legal acts into compliance with this Law; - to ensure that central executive authorities bring their normative legal acts into compliance with this Law; b) within a three-month term from the day of entry into force of this Law, to develop the model contracts provided for by this Law.
President of Ukraine\t\t\t\t\t\tL. KUCHMA Kyiv, June 24, 2004 N 1875-IV