Legal advice

Will housing be taken away due to non-payment for the use of housing and communal services

Photo of Oksana Oksana25.06.2024
0 131 8 minutes read

On February 24, 2022, no one, even in their wildest dreams, could imagine that hostilities on the territory of Ukraine would last so long. For the third year now, the country lives in conditions of uncertainty, active hostilities, occupation of territories and other horrors that fully accompany wars. But even now no one can say when the hostilities will end – it will be in a few months or a few years. No one even dares to predict it officially, as famous people once did, noting about “two or three weeks”.

Many Ukrainians do not pay utility bills, hoping that all issues will be resolved after the end of hostilities. The consequences of such a decision were commented on by the lawyers of the “Repeshko and Partners” Bar Association at the request of “FAKT” IA.

Precisely at the beginning of hostilities, understanding all the confusion and uncertainty, the Cabinet of Ministers of Ukraine established by resolution No. 206 that from March 5, 2022 until the termination or cancellation of martial law in Ukraine, the charging and collection of fines (fines, penalties), inflation charges, interest was prohibited per annum, accrued on the debt incurred due to untimely and/or incomplete payment by the population of fees for housing and communal services; and termination/suspension of the provision of housing and communal services to the population in case of non-payment or payment in full.

This decision was completely fair and guaranteed the population at least some understanding of the current situation, when in some regions of the country, citizens did not know whether to stay at home, or to evacuate abroad, or to leave the country altogether. We understand that this resolution was probably also adopted on the basis of the term of continuation of hostilities “two or three weeks”. However, two years have passed and a third has passed. The hostilities not only did not stop, but also gained momentum in some territories. Debts for communal services of the population also grew in turn. And if the existence of debts somewhere in the Kherson or Donetsk regions was completely logical and justified, then non-payment for communal services in other regions of the country became an unpleasant surprise for the authorities. The population in the territories, which live a completely peaceful life, also stopped paying for communal services. At the same time, the load of citizens on some territories, on the contrary, increased – the cost of renting housing in Lviv or Zakarpattia region broke all records.

On April 27, 2023, a new rule was added to this resolution, which established that until the termination or cancellation of martial law in Ukraine, the collection of debt for housing and communal services, formed after February 24, 2022, from the date of commencement to the date of the end of hostilities or temporary occupation territories included in the list of territories on which hostilities are (were) being waged or temporarily occupied by the Russian Federation, approved by the order of the Ministry on Reintegration of Temporarily Occupied Territories, consumers and/or their family members who left their place of residence and provided utility services to the contractor, to the manager of an apartment building, to another person authorized by the co-owners, in paper or electronic form, a certificate of registration of an internally displaced person or other documents confirming their absence from residential and/or non-residential premises, buildings in which they are consumers on the basis of concluded contracts (from the place temporary residence in a foreign country, work, treatment, training, military service, etc.). At the same time, as we can see, debt collection was prohibited, not accrual.

However, on December 29, 2023, by its Resolution No. 1405, the Cabinet of Ministers canceled the ban on the termination of the provision of housing and communal services to consumers who have debts. The moratorium on disconnection is maintained only for residents of territories where hostilities are taking place and temporarily occupied territories. It is also prohibited to suspend service if the consumer’s home is damaged by hostilities, but the supplier must be notified. According to Decree No. 1405, if the consumer does not live at his address for more than 30 days, he can submit an application and documents confirming this to the service provider. These can be certificates from places of temporary residence, work, study, treatment, military service or serving a sentence. In this case, invoices will not be issued.

See also  The Ministry of Education and Science of Ukraine has again taken up the task of updating the regulations on the certification of pedagogical workers, justifying this step by the need to improve the mechanisms of teacher evaluation. However, despite the promises to improve the educational process, the innovation raises doubts and concerns among many teachers. The impression is that instead of real support and development of the teaching staff, the new certification may become an additional tool of pressure on teachers. Are teachers ready for the new conditions? Will the new rules really contribute to improving the quality of education, or is this another bureaucratic requirement that focuses on formalities, ignoring the essence of pedagogical work? What's new in the regulation on certification of teachers The Ministry of Education and Science of Ukraine has updated the Regulation on Attestation of Pedagogical Employees (Order of the Ministry of Education and Science of Ukraine from 09.09.2022 No. 805, as amended by the Order from 10.09.2024 No. 1277) in order, according to the officials themselves, to improve the mechanism of teacher evaluation. According to the new order, the following changes were made to the regulation: regulated the issue of awarding pedagogical titles and qualification categories to teachers who do not have higher education; It has been determined that teachers who transfer to other educational institutions to work in the same positions or interrupt their work shall retain their pedagogical titles and qualification categories until the next attestation’. The procedure for the establishment of attestation commissions has been improved and the list of entities that may establish them has been defined. In particular, the possibility of establishing attestation commissions by private educational institutions and/or their founders has been envisaged; The awarding of the pedagogical titles ‘senior teacher’, ‘senior teacher’ and ‘senior educator’ has been regulated. They are awarded to teachers who, based on the results of previous attestation, have been assigned (confirmed) a qualification category not lower than ‘second category specialist’ (or the corresponding tariff category has been established) and whose work experience is more than 3 years; the assignment of such pedagogical titles is standardised: ‘teacher-methodist’, ‘teacher-methodist’, ‘educator-methodist’, ‘teacher-organiser-methodist’, ‘practical psychologist-methodist’, ‘circle leader-methodist’, ‘senior counselor-methodist’. They are assigned to teachers who work in the relevant positions and who, according to the results of previous attestation, have a qualification category not lower than ‘specialist of the highest category’ (or the corresponding tariff category is set), higher education and more than 5 years of work experience; It has been determined that level I attestation commissions may be established in educational institutions and separate structural subdivisions with at least 15 pedagogical staff; The issue of attestation of pedagogical workers who have a workload in several academic subjects has been regulated. In addition, not only taking professional development courses, but also receiving education in an institution of higher, professional pre-university education for the next 5 years will be counted as professional development. Also from now on, in case of teaching several subjects, teachers independently choose the sequence of professional development within the total volume of professional development (150 hours or 30 ECTS credits). Also according to the new order, after the certification sheet on the decision of the commission is issued, the head of the educational institution must issue a corresponding order, which is a document confirming the assignment of a qualification category or pedagogical title to a teacher. According to the Ministry of Education and Science, more detailed requirements for teachers' professional activities have now been established, which allows for an objective assessment of their work. teachers are obliged to take regular professional development courses and participate in professional seminars, which contributes to their professional development. the success of students has become an important indicator of the effectiveness of a teacher's work, encouraging teachers to improve teaching methods. more autonomy has also been granted to local attestation commissions, which allows them to take into account the region of the country. What teachers think about the renewal of attestation In turn, teachers themselves note the growth of bureaucratic procedures and the need to spend more time on preparation for such attestation. Indeed, the updated requirements for teachers are becoming more and more stringent every year. Teachers are forced to fulfil a lot of new criteria, submit a lot of documents and undergo complicated inspection procedures. But are these requirements justified? In most cases, they turn into additional bureaucracy that has nothing to do with improving the quality of teaching. On the contrary, teachers spend more and more time on reports rather than on the real development of their students. Here are a few comments indicative of the general mood of educators. "The problem is that the heads of the MES have no profile pedagogical education and none of them has worked in a regular school. That is, the object of management for them is terra incognito. So what adequate management decisions do you want from them?’, - Ihor Likarchuk, former head of the Ukrainian Centre for Education Quality Assessment, commented on the situation. Victoria Kudinova, teacher, Facebook user: ‘And maybe teachers should test the MES, we will also prepare a programme, and a quest 24/7 arrange, and lastly we will certify...’ Yarema Romaniuk, teacher, Facebook user: "Every year they change something. Apparently, the clerks from the Ministry have to show their ‘vigorous’ activity?" Teacher, Facebook user: "Thank you very much. The peddlers of the director and pedagogical councils recognise the courses or not. And people pay money and pass. This is really done for people!" Larisa Kotlyarenko, Facebook user: ‘The only + that can become and - it is the awarding of the highest category and titles in their own collective.’ However, the most painful remains another thing - despite the new requirements, the attitude to the teacher as a key figure of society has not changed. The teaching profession, which should be one of the most prestigious in the country, is still undervalued. Teachers, who are expected to deliver high results and innovative approaches to their work, continue to receive meagre salaries, often lacking even the basic resources for quality teaching. With conditions like these, it is not surprising that more and more teachers are leaving the profession. Miserable salaries, constant demands, and lack of support from the authorities - all of this makes even the most dedicated teachers consider changing careers. When the state does not value its teachers, it loses not only its personnel but also its future. After all, without competent and motivated teachers, Ukrainian education is sinking into the abyss. The paradox is that the Ministry of Education and Science constantly puts forward new requirements for the certification of teachers, but who protests the very officials who come up with ridiculous reforms? Have any of them worked in a school under real conditions? Do they realise what they demand from a teacher who, apart from the educational process, still has to solve a bunch of social problems of his students and work without proper support? The main question is: to what extent are the new certification rules really necessary? The MES does not offer concrete solutions on how to improve the working conditions of teachers or increase their motivation. Instead, attestation becomes a kind of test that a teacher has to pass every five years. But instead of supporting and developing specialists, certification turns into an additional stress factor. The new criteria do not take into account the real problems of the educational process: the decreasing number of students in classes, insufficient funding for schools, outdated teaching materials. What will happen to education in such conditions in a few years? If the trend with the outflow of teachers continues, Ukrainian schools will simply have no one to teach our children. Ukrainian education is on the threshold of dangerous changes. If the Ministry of Education and Science does not change its attitude to teachers, and the state does not recognise the importance of decent pay and working conditions for teachers, we risk losing a whole generation of quality specialists. After all, when teachers leave, it is not only empty seats in schools. The future of the country is left without support. It is time to recognise that reforms in education should start not with new requirements, but with care for those who work for children every day. Teachers deserve decent salaries, respect and real support, not another bureaucratic burden. Otherwise, attestation, which is supposed to assess professionalism, will turn into another tool of pressure that will get to those who have not yet broken down. How the process of attestation of pedagogical workers has changed Attestation of teaching staff in Ukraine has a long history, which changed in accordance with the social, political and economic conditions of the country. Over time, the process has been transformed, but its main shortcomings have remained unchanged: increasing demands on teachers without appropriate support and incentives. Let's take a look at how attestation was carried out in the past, what has changed now and how it has affected teachers. In Soviet times, attestation of teaching staff in Ukraine was a formal procedure that was aimed at ensuring that teachers met the requirements of the state education system. Attestation was based on clearly defined standards that had little to do with the actual skills and abilities of teachers. Evaluation was done more to maintain the image of the system than to improve the quality of education. The certification process was fully controlled by the state authorities. Teachers had to undergo compulsory certification at certain intervals. Attestation took place once every five years and teachers received qualification categories that affected their salaries and status in the education system. Although a system of professional development existed, it was more nominal. Most teachers took professional development courses only to fulfil formal requirements. After independence, Ukraine retained many features of the Soviet attestation system but tried to introduce certain changes over time. Until the latest changes, the attestation system remained bureaucratic. As before, attestation was carried out every five years. The main purpose was to confirm teachers' qualification categories. Teachers were evaluated by a special attestation commission, which consisted of school administration, trade union representatives and local education authorities. The assessment was based on teacher's work reports, analyses of lessons attended and documents confirming participation in seminars and professional development courses. Attestation was related to the assignment of qualification categories (specialist, specialist of the second, first and highest categories). A teacher's salary depended on the category. The process remained formal and often did not correspond to the real quality of teachers' work. Bureaucratisation and lack of funding prevented the creation of a real motivation system for teachers. Teachers were often required to report and participate in seminars without real changes in the teaching process. In 2023, the Ministry of Education and Science of Ukraine announced new changes to the Regulation on Attestation of Pedagogical Employees. The changes are aimed at improving the quality of education and simplifying the attestation process, but for many teachers they have become an additional burden. The new requirements have added even more burden to the routine work of teachers. Teachers now have to fulfil a greater number of criteria concerning both professional achievements and the use of modern technologies in teaching. An important component of the new system has been the assessment of pupils' progress. This has caused much discussion, as success depends on many factors that the teacher cannot always influence (social status of the family, material and technical support of the school, etc.). Teachers are now required to take regular refresher courses and participate in professional seminars. While this could be a positive aspect, many teachers note that they are forced to take these courses formally, with no real opportunity to put the knowledge into practice. Attestation commissions now have more autonomy, but this has also led to differences in approaches to attestation in different regions. With the increase in the number of criteria for certification, teachers are under more pressure. Many teachers complain that they have to spend more time preparing for certification than actually teaching. The constant pressure to meet new requirements and ensure high student results leads to stress and emotional burnout. Teachers note that the bureaucratic approach to assessing their work creates additional difficulties instead of support. Despite the new requirements, the financial situation for most teachers has not improved. Salaries remain low and additional responsibilities and requirements are not accompanied by appropriate financial incentives. Due to the increasing workload and lack of adequate conditions, many teachers are leaving the profession. This process only exacerbates the shortage of qualified teachers in Ukrainian schools. It is obvious that despite attempts to update the system of certification of teaching staff in Ukraine, most of the changes do not address the main problems, such as low salaries, insufficient support from the state and excessive bureaucratisation. The state should realise that in order to improve the situation it is necessary not only to introduce new criteria, but also to provide real support for teachers, in particular financial support, and to create conditions for their professional development that would meet modern requirements. Attestation of teaching staff abroad Attestation of teaching staff in foreign countries differs significantly from the Ukrainian system and can serve as an example for the introduction of more effective approaches to the assessment of teachers' professional performance. For example, in Finland, which is known for its high-quality education system, teacher certification is practically absent in the usual sense. In Finland, the emphasis is on teacher training and professional autonomy. Teachers receive a high level of academic training while they are still in higher education, as a master's degree is compulsory. However, teachers regularly participate in continuing education and professional development. At the same time, there is no formal appraisal system, but rather student learning outcomes are assessed. In turn, continuous professional development is voluntary and at the same time strongly encouraged by the state. In the US, teacher certification is regulated at the state level, so systems may vary. In general, however, the process involves: Regular reviews and evaluations. Administrators or head teachers observe lessons and evaluate teaching skills and ability to work with students. Professional development. teachers have the opportunity to take professional development courses. Many states require teachers to obtain certificates or licences to prove their knowledge and skills. Evaluation based on student performance. in some states, student performance on standardised tests is an important part of certification. This is controversial because student performance depends on many factors. Canada uses teacher evaluation systems similar to those in the United States, but with certain features. In some provinces, teachers must undergo regular observations and evaluations at different stages of their careers. For example, novice teachers undergo frequent examinations and supervision to test their ability to handle the classroom. Teachers must also undergo periodic professional development courses. As in the US, student results also affect teacher appraisals. In the UK, teacher certification is done through a system known as OFSTED (Office for Standards in Education), the national regulator of educational quality. Appraisal takes place through supervision and inspections, during which lessons are examined. Supervisors can come to lessons unannounced to assess a teacher's professionalism. Great emphasis is placed on pupils' results, progress and level of knowledge. Teachers are required to participate in professional development programmes and this is also taken into account in the appraisal process. Singapore, one of the countries with the most successful education systems, has introduced a comprehensive system of teacher appraisal and professional development. All teachers are required to undergo stages of regular performance evaluation based on the following criteria: performance evaluation - includes lesson observation, teacher self-assessment and student surveys; learning outcomes - student progress plays an important role; professional development - teachers should participate in continuous professional learning programmes, which are also taken into account in the evaluation. As we can see, foreign teacher appraisal systems show that the effectiveness of appraisal often depends on teachers' professional development, autonomy and support system. In many countries, teachers do not experience excessive pressure of bureaucracy, and the process of evaluation of their work is more aimed at helping them develop professional skills rather than punishing them. So, Ukrainian education is on the edge of the abyss, and the next innovations of the Ministry of Education and Science are only bringing it closer to disaster. The new certification requirements have become an additional burden on teachers who are exhausted by bureaucracy, low salaries and lack of real support. Instead of improving the working conditions of teachers, we see a mass exodus of professionals from a system that exhausts them. The question is, who will stand in front of the classroom tomorrow when today's teachers leave the profession? Unless we stop this process and offer real changes - higher salaries, less bureaucracy, support for professional development - Ukrainian education risks being left without those who create it. Famous personalities have long spoken about what a society without education is like, so it would be useful for officials from the MES to listen to them: "Without education, nations quickly turn into obedient slaves ’ - Jean-Jacques Rousseau. "A society that does not invest in education prepares the ground for its own decline ’ - Heinrich Heine. ‘Without education, society is a mob, easier to manipulate than to develop’- William Dubois. "A people deprived of education is like a man without eyes ’ - Konstantin Ushinsky. "Education is the most powerful weapon that can be used to change the world. Without it, the world will remain in the chains of ignorance.’ - Nelson Mandela. "The darkness of ignorance feeds all forms of evil, and lack of education feeds the darkness ’ - Thomas Jefferson. ‘Without education, society lives for today without building a future for itself ’ - John Dewey. "Education is the guardian of liberty. Without it, society will be confined to a framework of blind obedience ‘ - George Washington.

Thus, in case of non-payment for housing and communal services, the providers of these services can charge and collect fines, penalties, inflation charges and interest on the debt that arose due to late or incomplete payment to all persons, except for those specified in the resolution of the CMU.

According to the well-known site deepstatemap, almost 19% of the territory of Ukraine is currently under occupation, a significant number of territories are near the front, or are located in the immediate vicinity of the border with the Russian Federation, and therefore are constantly under fire and are unnatural for living. At the same time, nothing has changed in terms of the calculation and collection of debts for housing and communal services for the majority of the country’s citizens, regardless of the continuation of martial law, mobilization processes, difficulties in doing business, or other economic processes that occur in the country.

At the same time, as experts note, the most fully paid for communal services are those households that receive a subsidy from the state, and therefore have passed the inspection and are really the population segments that need state assistance. At the same time, debts are growing precisely among those who are not recipients of subsidies, but for the state, they are included in the category of solvent population. Some citizens note that almost an entire multi-apartment building does not pay for utilities – people are waiting to see what will happen next: whether the city will be occupied or not, there are risks of a missile being hit, or whether the war will end and the state will write off its debts. Such an approach to payment discipline cools even the most motivated people, because in us, like nowhere else, the thought: “How am I worse than my neighbor?” is rooted. However, as the Eastern folk wisdom says: “Each ram will hang by its own leg.”

Therefore, having carefully studied the norms of Resolution No. 206, in the event that you do not fall under the cases specified in it in any way, you need to remember the following: the option to terminate/suspend the provision of housing and communal services is a fairly effective lever used by communal services, even without waiting for a large amount of debt to accumulate – it is easier to prevent it than to collect it later. And therefore, cutting a gas pipe in a private house becomes a quite understandable disaster, taking into account the fact that gas in this case is used not only for cooking, but also for heating and water heating.

In accordance with Article 257 of the Civil Code of Ukraine, the general statute of limitations is set at three years. This means that it is possible to collect arrears for communal services only for the last 36 months. Recovery for a longer period is possible only if there is a strong justification for the omission of the statute of limitations on the part of the communal services.

In practice, we have already repeatedly encountered the fact that the statute of limitations for communal services was extended during the period of the corona virus epidemic, and the collection, accordingly, was not for the last 3 years, but for the last 4-5 years. It is impossible to predict exactly what decision the judge will make and what justification for the claim the representative of the communal service will submit.

See also  Sale of real estate by a person who went to live abroad

Already after the court decision has entered into force, the most painful stage in debt collection comes – the stage of executive proceedings, when the executor (state or private) takes up the case and collects the property or funds that he finds from the debtor. The main question that worries everyone is whether real estate will be taken away for communal debts?

Foreclosure on housing is carried out if the debtor does not have sufficient funds or movable property. At the same time, the foreclosure is first applied to a land plot separate from the house, other premises belonging to the debtor. As a last resort, the collection is applied to the residential building or apartment in which the debtor actually lives. The law establishes that in the event that the amount subject to recovery under executive proceedings does not exceed 20 times the minimum wage (currently UAH 160,000), recovery of the debtor’s single dwelling and the land plot on which such dwelling is located shall not be carried out.

However, if the amount of debt due to one enforcement proceeding or the sum of several enforcement proceedings exceeds UAH 160,000, then even the only home owned by the debtor is subject to seizure and sale at auction.

Whether it is easy or not to accumulate debts for 160 thousand hryvnias, everyone must decide for himself, taking into account the constantly increasing cost of communal services, the area of ​​real estate for which payment is calculated, the presence of other executive proceedings, even not related to communal debts (for example , imposing an administrative fine for violating the requirements of the mobilization legislation), and other circumstances.

Therefore, it is necessary to remember that enforcement proceedings can be opened on the basis of:

  1. letters of execution and orders issued by courts in cases provided for by law on the basis of court decisions,
  2. court order;
  3. decisions, resolutions of courts in civil, economic, administrative cases, cases of administrative offenses, criminal proceedings in cases provided for by law;
  4. executive inscriptions of notaries;
  5. resolutions of state executors on the collection of an enforcement fee, resolutions of state executors or private executors on the collection of costs of executive proceedings, on the imposition of a fine, resolutions of private executors on the collection of the basic remuneration;
  6. resolutions of bodies (officials) authorized to consider cases of administrative offenses in cases provided for by law;

It is on the basis of these documents that property, including real estate, can be taken from a citizen. If several executive proceedings are opened in the state executive service body, even under different executive documents, for the collection of funds from the same debtor, they are combined into consolidated executive proceedings and executed by the state executive who opened the first executive proceedings.

We note that the value of real estate that is put up for auction is much lower than the actual market value, not because it will be an auction and the value will increase. On the contrary, no one wants to buy real estate with a bad history and karma at an expensive price. In addition, the executor needs to cover the costs of executive proceedings and the auction itself with the funds of this real estate. Therefore, it is also not worth counting on the fact that the real estate will be sold and everything will end there.

If after the sale of even a single residential property, the debtor still has some amount of debt, no one will forgive or give it away. This tail will remain either until the debt is repaid from other sources, such as wages, or until it is recognized, so to speak, as “bad debt” and is forgiven over time, but it does not take a little more than three years.

 

Photo of Oksana Oksana25.06.2024
0 131 8 minutes read
Photo of Oksana

Oksana

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Articles

Marriage abroad: legal subtleties for Ukrainians

20.08.2024

Car re-registration for those who evade mobilization: legal aspects and responsibility

31.07.2024

Will Ukrainians’ work experience gained abroad be credited? Lawyers answer

28.05.2025

Is it worth trying to evade mobilization by depriving parental rights?

01.07.2024
УКРАЇНА, 61002, ХАРКIВСЬКА ОБЛАСТЬ, М.ХАРКІВ, КИЇВСЬКИЙ Р-Н, УЗВIЗ КУЛИКІВСЬКИЙ, БУД. 9
© Copyright 2026, All Rights Reserved  |  Новини ФАКТ
Back to top button