(Information of the Verkhovna Rada (IVR), 2003, N 23, p.151 )
Article 1. Arrears in apartment rent (payment for housing maintenance) and payment for communal services (water, heat, gas supply, water disposal services, electricity, household waste and liquid sewage removal) (hereinafter - housing and communal services) of tenants of residential premises and owners of residential buildings or apartments (hereinafter - citizens), which arose as of the date of entry into force of this Law before the providers of housing and communal services, shall be restructured for a period of up to 60 months depending on the amount of debt and the level of income of citizens as of the date of restructuring.
For the restructuring of arrears, citizens shall conclude with enterprises - providers of housing and communal services agreements on monthly uniform repayment of the restructured arrears and timely payment of current payments for housing and communal services (hereinafter - the agreement on restructuring of arrears).
Establish that for the period of repayment of the restructured arrears, the total amount of payments made by citizens for the payment of current payments and payments for the repayment of the restructured arrears shall not exceed 25 percent of income determined when calculating subsidies for working citizens, and 20 percent - for pensioners and other persons receiving any types of social assistance.
Provided that the incomes of citizens who have concluded agreements on restructuring of arrears are insufficient for the full repayment of this arrears, the term of the agreement shall be extended until its full repayment.
Article 2. Establish that citizens who have concluded an agreement in accordance with Article 1 of this Law shall be covered by the existing procedure for calculating subsidies for payment of housing and communal services for the payment of current payments.
Article 3. Establish that the penalty for late payment for housing and communal services in the amount determined in the agreement on restructuring of arrears shall be charged for each day of delay, but not more than 100 percent of the total amount of debt, provided there is no arrears in payment of wages, pensions, scholarships, etc.
This procedure shall not apply to citizens who have concluded an agreement on restructuring of arrears in accordance with Article 1 of this Law and timely carry out its repayment and payment of current payments.
Article 4. Arrears of citizens who have not concluded an agreement on restructuring of arrears and do not pay current payments shall be collected by housing and communal enterprises by court decision.
Article 5. No penalty shall be charged on the amount of restructured arrears to housing and communal enterprises on their arrears to suppliers of energy carriers and other material assets used for the provision of services.
No penalty shall be charged on the amount of restructured arrears to housing and communal enterprises, energy generating companies and enterprises of the National Joint Stock Company "Naftogaz of Ukraine" on their arrears of payments to budgets of all levels.
Article 6. Final provisions
1. This Law shall enter into force on July 1, 2003. 2. The Cabinet of Ministers of Ukraine: - ensure broad informing of the population about the mechanism of restructuring of arrears for payment of housing and communal services and about timely payment of current payments for housing and communal services; - within a two-month period from the day of publication of this Law, approve the procedure and standard form of the agreement on monthly uniform repayment of the restructured arrears and timely payment of current payments for housing and communal services; - bring its decisions into conformity with this Law.
3. Local executive authorities and local self-government bodies are recommended to create local permanent commissions on restructuring of arrears for payment of housing and communal services.
Control over the correctness of restructuring of arrears for payment of housing and communal services shall be entrusted to local permanent commissions on restructuring of this arrears.
President of Ukraine L.KUCHMA Kyiv city, February 20, 2003