sp3

Shevchenko district court. Kyiv,

04655, m. Kiev, St.. Degtyarevskaya, 31-B

 

PLAINTIFF:           

Person 3,

m. Kiev. St.. Klavdiyivska,        quarter. 4,

wire.                           

 

representative of the plaintiff:

Bordunova Hope A.,

03113, m. Kiev, St..                                          

Mailing address: 01054, m. Kiev ,a / c 66

 

DEFENDANT: №1

Kyiv City State Administration,

01044, Kiev, St.. Khreshchatyk, 36

 

                         №2

Shevchenko district in. Kiev

Administration,

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

 

THIRD PERSON:     Department of social

policy of the Kyiv city

for (Kiev city

administration)  

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

(044) 408-74-54YU,

E-mail: nli@soczahyst.kiev.ua

                                                                                                                        

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

«Про судовий збір» звільнений від сплати

court fee, referred to as 1 and 2

categories affected by

Chernobyl disaster;

 

 

                                                                          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, in connection with which I have benefits and compensations established by the Law of Ukraine «On the status and social protection, affected by the Chernobyl disaster». K1

           Decree Representative of the President of Ukraine Vatutinsky District of. from Kyiv 07.09.1994 accepted my application, documents taking on the housing register according to which me and my family a part I, The former wife of 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 from 19.04.2012 meeting of the commission 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 decided Persons 3                                   family members of 2 people,  is on the housing lists residence in Desnianskyi area and affected people in the registry 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 Shevchenko district in. Kyiv state administration in my family issued a warrant number 051  4 B series in dwelling, which consists of one room isolated residential area 18,79 sq.m., which is located at the city. Kiev, St.. Klavdiyivska,       quarter. 4 (hereafter apartment).

 

         However, надана мені квартира не відвідає вимогам ДБН «Residential buildings», other legal acts, taking into account the requirements of the Law of Ukraine «On the status and social protection, affected by the Chernobyl disaster» which is confirmed by the following:

According to the technical passport of an apartment number 4 on the street. Klavdiyivska,        in. Kiev apartment is on 2 the second floor of the ten-storey building with a total area 38,8 m. and consists of 1 –her 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 the status and social protection, affected by the Chernobyl disaster» identified, whatpeople, classified as category 1, provided such compensation guaranteed by the stateand providing extraordinary benefits as people living space, who need better housing (including families of those killed or died citizens).

        Persons, undergoing radiation sickness any degreeorbecome disabled by the Chernobyl disaster, who need better housing, give extra living area in a separate room.

        The order additional living space entities, 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 Cabinet of Ministers of Ukraine №1589 from 31.12.1996 (further — Order).

        Згідно п.п.1,3 цей Порядок відповідно до Закону України «Про статус і соціальний захист громадян, affected by the Chernobyl disaster» визначає умови надання додаткової жилої площі особам, classified as category 1, undergoing radiation sickness any degree or disabled by the Chernobyl disaster (paragraph 10 of the first 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 area granted to persons, віднесеним до категорії 1, які перенесли променеву хворобу будь-якого ступеня або стали інвалідами внаслідок Чорнобильської катастрофи, 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, and therefore in accordance with the provisions 20 Law of Ukraine «On the status and social protection, affected by the Chernobyl disaster» I, as a person who has become disabled and in need of better housing conditions have a right to additional area as 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 the status and social protection, affected by the Chernobyl disaster», Considering that, 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, ie in a manner defined by law and without safeguards protecting the rights of citizens, 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. /the person / s 2 face = 27,3 кв.м. жилої площі, 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, as individuals, who need better housing, and therefore our right to obtain such housing is broken, because we are not provided with housing based on established minimum standards.

 

        Thirdly, given my apartment does not comply with state building codes. V.2.2-15-2005 Stone. Residential buildings,  which belong to the apartment. In particular, According to the conclusionnumber of expert studies 161-07 from 10.03.2016 judicial expert researched the question whether space planning solution apartment number 4 on the street. Klavdiyivska,         in. Kiev requirements of regulations in the field of construction for families in which structure is disabled?

        The study found an expert, provided that the apartment does not meet these requirements, including broken:

– P. 2.22 DBN, because the apartment contains built-in closets and mezzanine;

– P. 2.27 DBN, as the minimum area combined unit in a studio apartment should be 3,8 sq.m., but the bathroom area is examined 3,7 sq.m., that does not meet building codes;

– P. 2.30 DBN, as the minimum width of the kitchen should be 1,8 m, and the width of the kitchen in the test object is 1,78 m., that does not meet building codes. Including it should be noted, the kitchen has a size 1,78 mx 5,89 m, ie corridor type, creating a lot of inconvenience;

– P. 2.39 DBN, as the minimum width of the balcony for the disabled should be at least 1,5 m, research facility has a width balcony 0,96 m, not in accordance with the rules of construction;

        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, Person 3                                                 apartment does not meet, 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 year №389 / 2011 approved regulations «About the Ministry of Social Policy of Ukraine» відповідно до пп.39-2 п. 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 Regulations «About the department of social policy of the executive body of the Kyiv City Council (Kyiv City State Administration)», Department, as a third party in this case in. Kiev provides performance 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, The apartment is not equipped balcony, the width of which should be 1,5 m.,  kitchen width less than the limit, No built-in closets and mezzanine, 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 comply with state building codes and regulations Art. 20 Law of Ukraine «On the status and social protection, affected by the Chernobyl disaster».

          The limitation period I ask to determine in this case determined from 10.03.2016, ie since, when I have received a number of expert research concludes 161-07, since I am not an expert in the field of construction and do not have special knowledge of building codes, therefore learned of their rights only to receipt of said research.

          Because, that this claim is filed for the protection of housing rights in housing according to the regulations in the construction industry for families, as a part of which is currently disabled in accordance with claim submitted to the court of law on the location of the defendants.

Based on the above, and 19 Constitution of Ukraine, Article. 20 Law of Ukraine «On the status and social protection, affected by the Chernobyl disaster», guided th Centuries. 3,119 GIC Ukraine, –

 

                                                                    I BEG:

 

1. Claims satisfy in full.
2. To recognize the actions of Kyiv City State Administration, Shevchenko district in. Kyiv state administration to provide the claimant person 3                                   living space as apartment number 4 on the street. Klavdiyivska,       in. Kiev, does not meet the requirements set out by the Housing Code of Ukraine, Law of Ukraine «On the status and social protection, affected by the Chernobyl disaster»  and State building codes. Stone. Residential buildings. Substantive provisions. GOS-15-2005 illegal V.2.2..
3. Oblige the Kiev city state administration to provide the person 3 Anatoly I., 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 the status and social protection, affected by the Chernobyl disaster» в частині надання додаткової жилої площі у вигляді окремої кімнати та відповідає нормативним актам України у галузі будівництва для сімей, which is composed of the disabled and to order 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 044950;

–   3       deposit number 608220 to the certificate of citizen, Impacted by the KGB;

–   4       Reference number MSEK 152156;

–   5       extract from the order; 

–   6       order number 05144 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, hot and cold water and sewage from 24.09.2013;

–   9       conclusion of the expert study 10.03.2016;

–   10     a copy of the claim applications for the defendant;

–   10     a copy of a power of attorney in the name of the representative;

 

The representative plaintiff:                              Signature                                   n. Bordun

          15.03.2016