After the onset of full-scale war, millions of Ukrainians left for abroad, leading to an increase in legal disputes regarding the right to housing in Ukraine. Apartment owners increasingly attempt to deregister relatives or former family members who have been absent from the residence for an extended period through the courts. At the same time, court practices indicate that the mere fact of being abroad does not automatically lead to the loss of housing rights. The Judicial and Legal Newspaper reports.
When can one lose the right to housing
Ukrainian legislation distinguishes between ownership rights and the right to use housing.
Most similar disputes relate to the right to reside in an apartment or house rather than the loss of ownership rights.
According to Article 405 of the Civil Code of Ukraine, a family member of the owner may lose their right to use the housing after being absent for more than one year without a valid reason.
Additionally, Articles 71-72 of the Housing Code of the Ukrainian SSR stipulate that housing shall be preserved for a temporarily absent person for at least six months, and this period may be extended in the presence of valid reasons.
The Supreme Court changed its approach to such cases
Recent decisions by the Supreme Court indicate that courts are increasingly moving away from merely formal counting of years of a person's absence from the apartment.
Courts analyze the specific circumstances of each case and verify:
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Was the absence forced?
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Did the person maintain contact with the housing?
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Did they pay utilities?
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Do they have another permanent place of residence?
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Did they intend to continue using the housing?
Special attention is paid to the principle of proportionality and the right to housing, guaranteed by legislation and international conventions.
Leaving due to war or work abroad may be a valid reason
In several decisions, the Supreme Court emphasized that prolonged stay abroad alone is not a sufficient basis for losing housing rights.
Valid reasons may include:
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Forced departure due to hostilities
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Work abroad
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Studying in another country
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Prolonged treatment
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Performing other lawful duties
Lawyers point out that a person can only be recognized as having lost the right to use housing through a court. Moreover, the claimant must prove not only the fact of prolonged absence but also the absence of valid reasons for such non-residence.
It should be noted that thousands of Ukrainians affected by the war may be left without compensation for housing due to issues with the registration of property rights. The Commissioner of the Verkhovna Rada for Human Rights, Mykola Lubyanez, stated that only 986 thousand applications have verified ownership information out of 2.5 million households that suffered from shelling.