w-12/18/15 oask-s

District administrative

court m. Kyiv,

01601, m. Kiev, St.. Command Kamenova, 8, body 1

 

PLAINTIFF: Person 3

 

DEFENDANT: №1 Kyiv City State

administration,

01044, Kiev, St.. Khreshchatyk, 36

 

№2 Shevchenkivska district

in. Kyiv is state-owned

administration,

01030, m. Kiev, St.. B. Khmelnitsky, 24

 

THIRD PERSON: Department of Social Policy

executive body of Kyiv city

for (Kyiv city ​​state

administration)

03165, m. Kiev, Komarova Ave., 7,

wire. (044) 408-74-54,

E-mail: nli@soczahyst.kiev.ua

 

In accordance with Section. 10 no. 1 Article 5 of the Law of Ukraine "On Judicial

збір» звільнений від сплати судового збору, as attributed

to 1 and 2 categories of victims of the Chernobyl

accident;

 

Dispute of a non-material nature;

 

STATEMENT OF CLAIM

the obligation to perform certain actions

 

. I, plaintiff, Person 3 is a member of the aftermath of the Chernobyl accident and the person, affected by the Chernobyl disaster and category III disability group, therefore I have benefits and compensation established by the Law of Ukraine "On Status and Social Protection, affected by the Chernobyl disaster ".

. By order of the Representative of the President of Ukraine in Vatutinsky district of Kyiv from 07.09.1994 accepted my application, documents on acceptance on the apartment account according to which me and my family as a part I, wife , daughters 1 and 2 included in the list of citizens, affected by the Chernobyl accident category I and affluent residential area less than 9,0 m. per person.

. Protocol number 12 (not 2 but 12) from 19.04.2012 commission meeting, which is an advisory body of the Kyiv City State Administration, on the distribution of living space, provided to citizens, who suffered from the Chernobyl disaster radiation sickness any degree or disabled, disabled children, disabled children, who need special care, families, that survivors among people, classified 1, adopted by the executive body of the Kyiv City Council (Kyiv City State Administration) from 18.03.2010 № 151 with amended regulations of the Kyiv City Council (Kyiv City State Administration) from 04.10.2010 № 807 and from 28.11.2011 № 2205 resolved person 3 family members of 2 people, is on the apartment register at the place of residence in the Desnyansky area and in the register of the affected citizens of a category 1 with 07.09.1994 for № 33 case number 11982-A to give 1-room apartment number 4 living space 18,79 m. located on the 2nd floor of the house № on the street. Klavdiyivska in. Kiev and removed from the housing register the entire family as secured by residential area rules, case number 11982-A closed.

. 20.12.2012 Shevchenkivska district state administration in Kyiv issued a warrant for me and my family № 051 4 B series in dwelling, which consists of one room isolated residential area 18,79 sq.m., which is located at Kyiv, St.. Klavdiyivska, quarter. 4 (hereafter apartment).

However, the apartment provided to me will not visit the requirements of regulations, relating to residential premises, taking into account the requirements of the Law of Ukraine "On Status and Social Protection, affected by the Chernobyl disaster "as evidenced by the following:

. So, according to the technical passport for the apartment № 4 on the street. Klavdiyivska, in Kiev the apartment is located on 2 the second floor of the ten-storey building with a total area 38,8 m. and consists of 1 ies living room area 19,1 sq.m., including kitchen area 10,5 sq.m., bathroom area 3, 8 sq.m., corridor area 5,3 m. and balcony area 0,1 m.

. Firstly, Article 20 Law of Ukraine "On Status and Social Protection, affected by the Chernobyl disaster "set, that persons, classified as category 1, such state-guaranteed compensations and benefits as extraordinary provision of living space for persons are provided, who need better housing (including families of those killed or died citizens).

Persons, undergoing radiation sickness any degree or became disabled as a result of the Chernobyl disaster, who need better housing, give extra living area in a separate room.

. The procedure for providing additional living space to persons, who suffered from the Chernobyl disaster radiation sickness any degree or disabled, disabled children, who need special care, and families, that survivors among people, assigned to 1 category, approved by the resolution of the Cabinet of Ministers of Ukraine №1589 from 31.12.1996 (then - Procedure).

According to p. 1,3. this Procedure in accordance with the Law of Ukraine "On the status and social protection of citizens, affected by the Chornobyl disaster "determines the conditions for providing additional living space to persons, classified as category 1, undergoing radiation sickness any degree or disabled by the Chernobyl disaster (paragraph 10 of Article 20 Law). People, family, referred to in paragraph 1 hereof, for more living space should be on the housing register for housing improvement. Additional living space is provided to individuals, classified as category 1, undergoing radiation sickness any degree or disabled by the Chernobyl disaster, and children, who became disabled as a result of the Chernobyl disaster and need special care, - in a separate room.

At the time of the decision to transfer my apartment, I was registered with the improvement of living conditions 07.09.1994 for № 33 case number 11982-A and act according to the number of the Kiev MSEK 1521 6 from 06.07.1994 occupational disease cause of disability for work-related accident at Chernobyl, Considering that I have received disability as a result of the Chernobyl disaster, given that in accordance with the provisions 20 Law of Ukraine "On Status and Social Protection, affected by the Chernobyl disaster " I, as a person who has become disabled and needs better living conditions, I have the right to additional space in the form of a separate living room.

. Giving me no separate residential apartment room, as generally consists of a living room, as well as the requirements of Article 20 Law of Ukraine "On Status and Social Protection, affected by the Chernobyl disaster ", considering what, my rights have been violated, as persons affected by the Chernobyl disaster, and the defendant taking the decision to transfer my apartment, does not meet the requirements of the above law acted unlawfully, that is, not in the manner prescribed by law, relating to such legal relations and without observance of guarantees of protection of citizens' rights, affected by the Chernobyl disaster.

According to part 2 articles 19 Constitution of Ukraine, state authorities and local governments, their officials are obliged to act only on the basis of, within the powers and in the way, the Constitution and laws of Ukraine.

. Per-second, according to Article. 47 LCD Ukraine norm of living space in the Ukrainian SSR is set at 13,65 One square meter per person, Considering that my family is entitled to 13,65 m. /per person / x 2 face = 27,3 m. living space, However, we are on a family of two persons allocated only 19,1 m. living space, ie less than the amount provided for by the Housing Code of Ukraine, non-realization of our right to housing within the statutory rules, and therefore our right to obtain such housing is broken.

. Thirdly, in accordance with the provisions of the State building codes. Stone. Residential buildings. Substantive provisions. DBN B.2.2.-15-2005 valid from 01.01.2006 P. 2.30 found, that the width of the utility rooms of the apartments must be at least: kitchen - 1,8 m, instead, I was given an apartment equipped with a kitchen, the width of which 1,78 m., as stated in the technical passport for the apartment.

Also in accordance with p. 2.39 DBN B.2.2.-15-2005 established requirements, that in apartments for the elderly and the disabled влаштування лоджій або балконів обов’язкове. Their width for the disabled should be at least 1,5 m. The apartment provided to me is equipped with a balcony area 10 square centimeters!!!, that is, in fact, this room which is indicated as a balcony and the balcony can not be called, given such a meager area: 10 square centimeters, you can't even go to a balcony with such an area, not to mention the minimum required width 1,5 m.

. That is, there is a violation of state building codes, relating to residential premises in relation to the geometric parameters of the provided residential premises, in terms of the width of the kitchen and equipment of the apartment for a disabled person with a balcony. The provided apartment does not meet the requirements established by the state building norms.

. So with a systematic analysis of legal norms, regulating activities in the field of public, affected by the Chernobyl disaster and the requirements of residential premises, which relate to the premises provided me, claimant, Plaintiff's apartment is not liable, I get such housing is not the way to protect my rights and duties to provide housing for defendants, in view of the, I'm forced to defend their rights in court.

Note, that according to the Decree of the President of Ukraine 6 April 2011 №389 / 2011 approved the provision "On the Ministry of Social Policy of Ukraine" in accordance with paragraphs. 39-2 P. 3 which stated, that the main objectives of Ministry of Social Policy of Ukraine is organization and coordination of public housing, affected by the Chernobyl disaster.

. According to the Regulation "On social policy department of the Kyiv City Council (Kyiv City State Administration)», Department, as the third person in this case in Kiev provides execution in. Kiev office of the legislation in the field of social protection, including citizens, affected by the Chernobyl disaster.

. Based on the above seen, issued my apartment does not meet, which relate to the premises, no separate room provided that the person, suffered as a result of the liquidation of the Chernobyl accident and in need of better housing, not equipped with a balcony, and therefore the defendant steps to ensure my living space in that form is illegal, and my rights be restored by obtaining residential area, which must meet the requirements of state building codes and regulations of Art. 20 Law of Ukraine "On Status and Social Protection, affected by the Chernobyl disaster ".

. I ask you to determine the statute of limitations in this case 3 years in accordance with the provisions of Art. 59 LCD Ukraine.

. Based on the above, and 19 Constitution of Ukraine, Article. 20 Law of Ukraine "On Status and Social Protection, affected by the Chernobyl disaster ", guided by Article.2, 104-106 CAS of Ukraine, –

 

I BEG:

1. Claims satisfy in full.
2. To recognize the actions of Kyiv City State Administration, Shevchenkivska district in Kyiv state administration to provide the plaintiff Plaintiff living space in the form of an apartment № 4 on the street. Klavdiyivska, 40-B in m. Kiev, does not meet the requirements set out by the Housing Code of Ukraine, Law of Ukraine "On Status and Social Protection, affected by the Chornobyl disaster ”and the State Building Regulations. Stone. Residential buildings. Substantive provisions. GOS-15-2005 illegal V.2.2..
3. To oblige the Kyiv City State Administration to provide person 3 , 02.02.1944 year of birth, As a person affected by the Chernobyl disaster and category III disability group for a family composed of two people a comfortable accommodation in a separate apartment in. Kiev in the normal living space, that meets the sanitary and technical requirements, including the provision of Art. 20 Law of Ukraine "On Status and Social Protection, affected by the Chornobyl disaster "in terms of providing additional living space in the form of a separate room and issue a warrant for the settlement of living space.

Appendix copies of:

– 1 passport in the name of the claimant;

– 2 ID, which is affected by a number RC 0449 0;

– 3 deposit number 6082 0 to the certificate of citizen, Impacted by the KGB;

– 4 Reference number MSEK 1521 6;

– 5 extract from the order;

– 6 order No. 051 4 Series B

– 7 technical certificate to the apartment number 4 on the street. Klavdiyivska № in. Kiev;

– 8 contract number 2K-4/1 on the provision of central heating, cold supply and

hot water and drainage from 24.09.2013;

– 9 statement and list of issues related to conducting an independent forensic examination of quarter 4

– A copy of the statement of claim with attachments for the defendant;

 

Plaintiff: підпис Особа 3 Plaintiff

 

18.12.2015