Судебной власти Украины
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Concretization of violations of the executive and judicial authorities of Ukraine paragraph 3, P.10 st.20, ZU№796-12 It does not confer the power to change the law and to interpret other than the established norms – persons, suffered radiation sickness of any steel or persons with disabilities as a result of the Chernobyl disaster, in need of better housing conditions, An extra living space in a separate room. Article 71 ZU№796-12) It prohibits the right of the authorities to apply the rules of other PPA Ukraine The provisions of this Act may not be suspended by other laws, except for laws on amendments to this Act. Authorities do not fulfill the norms of Article 6, Clause 8 KU254k / 96 BP Article 6. – legislative, executive and judicial power exercise their authority within the limits established by this Constitution and in accordance with the laws of Ukraine. Article 8.- Ukraine is recognized and the principle of the rule of law. The Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and shall conform to it. Provisions of the Constitution of Ukraine are norms of direct action. Going to court to protect the constitutional rights and freedoms of man and citizen directly on the basis of the Constitution of Ukraine are guaranteed. The above failure and violation pidtverzhduyetsya factual circumstances, are set by the courts – case number 61/13280/16 kg, and decisions 9 Judges are subject to liability for breach dystsiplinarniy ZU№796-12, KU254k / 96 BP
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The claim Persons 4 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 ". 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; |
The actual circumstances of the case, established courts The courts, what OSOBA_4 is a member of the accident at Chernobyl, a person, affected by the Chernobyl disaster (category and) and a third person with a disability group 30 September 1994 year occupational disease, connected with the work of the Chernobyl. confirmed: 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; |
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Law of Ukraine "On Status and Social Protection, affected by the Chernobyl disaster ". P.20 paragraph 3 Persons, undergoing radiation sickness any degree or disabled by the Chernobyl disaster, who need better housing, give extra living area in a separate room. Proved a violation of substantive law by all, without exception, the courts of Ukraine: Article. 20 paragraph 3, ZU № 796-12, Article 6 and Article 8 of the Constitution of Ukraine. |
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Відповідно норм st.st.1, 3, 5, 6, 8, 19, 22, 58, Constitution of Ukraine (then - KU254k / 96 BP), (1*), para 1, para 2, paragraph 3, abz.5 paragraph 10 of Article 20, Article 71, ZU "About status and social protection, affected by the Chernobyl disaster " (then - ZU№796-12), (2*), st.st.47, Article 48, Article 49, Article 50 of the Housing Code of Ukraine (further – JK№5464-10), (3*), ЗУ «Про приватизацію державного житлового фонду», (further – ZU№2482-12)., Position №470 CMU from 11.12.1984.r, (further – KMU№470-12), Position №1589 CMU from 31.12.1996r., (further KSU -№1589-12), DBN V.2.2-15-2005 "Residential buildings substantive provisions" (further – DBN V.2.2-15-2005). Person 4 for a family consisting of 2 people – Person 4, 1944 RN, on the basis of the right to benefit more space, понад норму жилої площі у розмірі встановлену для наукових працівників, Based on the extraordinary right to housing established for liquidator of the Chernobyl disaster in 1986, category 1, a person who became invalid, Disability is associated with the liquidation of the Chernobyl disaster, confirmed that – help MSEK number M152156, nа права позачергового поліпшення житлових умов протягом року з дня подачі заяви, para 1, Claim 10, Article 20 ZU№796-12 , та права на отримання понад норму жилої площі у вигляді окремої кімнати paragraph 3, Claim 10, Article 20 ZU№796-12. З дPersons Ruzhin 4, 1967 R. N. – Родина з 2-х осіб має право get =>62m2 housing, including –
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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 "On Court Fee" is exempt from 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, therefore I have benefits and compensation established by the Law of Ukraine "On 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 house number 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, given my apartment not visit DBN "Residential buildings", other legal acts, 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: 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 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, what people, classified as category 1, provided such compensation guaranteed by the state and providing extraordinary benefits as people living space, who need better housing (including families of those killed or died citizens). Persons, undergoing radiation sickness any degree or become 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 (then - Procedure). According p.p.1,3 this procedure under the Law of Ukraine "On Status and Social Protection, affected by the Chernobyl disaster "defines the conditions of providing additional living space entities, 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 area granted to persons, 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, and therefore 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 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 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 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, 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 conclusion number of expert studies 161-07 from 10.03.2016judicial 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 the Regulations "On the Ministry of Social Policy of Ukraine" according to Mr pp.39-2. 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 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 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 Status and Social Protection, affected by the Chernobyl disaster ", guided th Centuries. 3,119 GIC Ukraine, –
I BEG:
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 Number 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; 11 a copy of a power of attorney in the name of the representative;
The representative plaintiff: Signature n. Bordun 15.03.2016 |
Decree In the name of Ukraine 20 March 2019 year m. Kiev case number 761/13280/16 kg Proceedings number 61-19211sv18 The Supreme Court panel of judges consisting of the Chamber of the Second Civil Court of Cassation: chairman – The mole. AND., judges: Antonenko H. ABOUT. (Judge Rapporteur), In Crane. AND., In shorty. M., In chickens. P., participants case: plaintiff – OSOBA_4, Responders: Kyiv City State Administration, Shevchenko district in. Kiev administration, third person – Social Policy Department of the Kyiv City Council (Kyiv City State Administration), considered in the simplified procedure of action proceedings without notifying participants in cassation proceedings OSOBA_4 the decision Shevchenko District Court. from Kyiv 09 August 2016 in the judges Pihur O. AT. and the decision of the Appeal Court of Kyiv on 08 December 2016 was composed of Judges: A Chobitok. ABOUT., Nemirovsky O. AT., In Sokolova. AT., installed : 1. Descriptive part Summary of claims
In April 2016 OSOBA_4 year filed a lawsuit to Kyiv City State Administration, Shevchenko district in. Kyiv state administration on the recognition of illegal actions and commitments take action. In support of the claim the plaintiff stated, that by order of Representative of the President of Ukraine Vatutinsky District of. from Kyiv 07 September 1994 , he and his family consisting of 4 people (OSOBA_5 wife and children OSOBA_6, OSOBA_7) are on the housing register as citizens, affected by the Chernobyl accident category 1 and secured living area of less than 9,0 quarter. m per person. 19 April 2012 , the Commission on the distribution of living space, adopted by the executive body of the Kyiv City Council (Kyiv City State Administration) from 18 March 2010 , the number 151, decided to grant him a family of two persons studio apartment ADRESA_1, removal from housing lists all the family as wealthy residential area according to the rules (protocol number 2 from 19 April 2012 year). 20 December 2012 Year Shevchenko district in. Kiev administration has issued the warrant for a specified dwelling. Referring to the fact, provided that the apartment he does not comply with DBN "Residential buildings", other laws and regulations and taking into account requirements Law of Ukraine "On Status and Social Protection, affected by the Chernobyl disaster ", the plaintiff asked to recognize the actions of Kyiv City State Administration, Shevchenko district in. Kyiv administration to grant him the said apartment unlawful and oblige the Kiev city state administration to provide him with a family of two people free a comfortable accommodation in a separate apartment in. Kiev in the normal living space, that meets the sanitary and technical requirements, provision articles 20 mentioned Law to provide additional living space in a separate room and Ukraine meets the regulations in the construction industry for families, which is composed of the disabled and to order the settlement of living space. Summary of the court of first instance
The decision of Shevchenko district court. from Kyiv 09 August 2016 in OSOBA_4's claims denied. The decision of the trial court is motivated by unfounded claims. Summary judgment of appeal By a decision of the Appeal Court of Kyiv on 08 December 2016 the decision Shevchenko District Court. from Kyiv 09 August 2016 was upheld. The decision is motivated by the appeal court, that the finding of the trial court is justified, and the other by the firstстанції не допущено неправильного застосування норм матеріального права та порушень норм процесуального права. Summary of requirements cassation In January 2017 OSOBA_4 was submitted to the High Specialized Court of Ukraine for Civil and Criminal Cases appeal against the decision Shevchenko District Court. from Kyiv 09 August 2016 year and the decision of the Appeal Court of Kyiv on 08 December 2016 year, in which he asks to cancel the impugned judgments and adopt a new decision on the satisfaction of its claim. The movement of the case in the court of cassation Decision of the High Specialized Court of Ukraine for Civil and Criminal Cases of 27 March 2017 was opened cassation proceedings in the present case, demanded of the Shevchenko District Court. Kyiv case referred. 10 June 2017 case was referred Received High Specialized Court of Ukraine for Civil and Criminal Cases. Decision of the High Specialized Court of Ukraine for Civil and Criminal Cases of 05 October 2017 case was referred to trial for. Article 388 GIC Ukraine in the wording Law of Ukraine 03 October 2017 "On Amendments to the Economic Procedural Code of Ukraine, Civil Procedural Code of Ukraine, Code of Administrative Procedure of Ukraine and other legislative acts ", which came into force 15 December 2017 year (further – GIC Ukraine), identified, that the court of appeal in civil cases is the Supreme Court. Subsection 4 the first paragraph of Section XIII «Transitional Provisions" GIC Ukraine provided, that appeals (presentation) judicial decisions in civil cases, submitted and consideration are not completed by the entry into force of the Code edited, Cassation transferred to civil court and considered initially by the rules, acting after the entry into force of this version of the Code. In May 2018 The case was referred to the Court of Cassation civil consisting of the Supreme Court. Arguments participants affairs Arguments person, who filed appeal An appeal is motivated by OSOBA_4, that the impugned decisions of courts of first and appeal instances taken from the incorrect application of substantive law and procedural violations. The courts have not considered, he has the right to housing as a person, in need of better housing, because it provided the apartment does not meet standards of living space, set per person. Objections / reference to the cassation appeal 19 May 2017 Year of Kyiv City State Administration submitted to the High Specialized Court of Ukraine for Civil and Criminal Cases objections to the cassation appeal OSOBA_4, are motivated by, that decisions of courts of first and appeal instances hooValente in compliance with the material and thetsesualnoho rights. Plaintiff received housing within the norms of security of citizens living space per person. The actual circumstances of the case, established courts The courts, OSOBA_4 that is a party to the accident at Chernobyl, a person, affected by the Chernobyl disaster (category and) and a third person with a disability group 30 September 1994 year occupational disease, connected with the work of the Chernobyl. Based on the representatives of the President of Ukraine in Vatutinsky District of. from Kiev 07 September 1994 , the number 120 OSOBA_4 with the composition of his family: wife – OSOBA_5, daughter – OSOBA_6, daughter – OSOBA_7 included in the list of citizens, affected by the Chernobyl accident and by category and secured core area of less than, than 9,0 quarter. m per person. According to the protocol number 12 from 19 April 2012 year session of the commission on the distribution of living space, provided to citizens, who suffered from the Chernobyl 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 04 October 2010 , the number 807 and from 28 November 2011 , the number 2205, OSOBA_4 is on the housing lists residence in Desnianskyi district of Kyiv and in the register of citizens affected category 1 with 07 September 1994 by the number 33, the composition of families with 2 people. Family OSOBA_4, consisting of 10 people (he, wife – OSOBA_7, ex-wife – OSOBA_5, daughter – OSOBA_8, daughter – OSOBA_9, daughter – OSOBA_10, granddaughter – OSOBA_11, granddaughter – OSOBA_11, son in law – OSOBA_12, son in law – OSOBA_3.) living in privatized 3-room apartment ADRESA_2. Apartments in privatized 8 – persons on 5,23 quarter. m living space 1 person. Entitled to benefits as a participant in the aftermath of the Chernobyl NPP under Category I Law of Ukraine "On Status and Social Protection, affected by the Chernobyl disaster " had OSOBA_4 and his wife. Commission decision on the distribution of living space 19 April 2012 OSOBA_4 year for a family of 2 – persons granted 1 – apartment ADRESA_1, removed from the housing register as family living space equipped according to the rules. 20 December 2012 Year Shevchenko district in. Києві державна адміністрація видала ОСОБА_4 ордер на вказану квартиру. Plaintiff appropriate and admissible evidence, he is entitled to an additional area in a separate room as a person, who suffered from the Chernobyl disaster radiation sickness any degree or become a person with a disability, та що на момент вирішення комісією по розподілу жилої площі питання про надання йому жилої площі він не міг проживати в одній кімнаті з членами своєї сім’ї, and the medical report which he fed Commission, However, the latter is not taken into account in the provision of living space, the court did not provide. On the housing register for more living space as a person, classified as 1, who suffered from the Chernobyl disaster radiation sickness of any level and thus become a person with a disability claimant is not. reasoning part The position of the Supreme Court Згідно з положенням частини другої articles 389 GIC Ukraine підставами касаційного оскарження є неправильне застосування судом норм матеріального права чи порушення норм процесуального права. Відповідно до вимог частин першої і другої articles 400 GIC Ukraine під час розгляду справи в касаційному порядку суд перевіряє в межах касаційної скарги правильність застосування судом першої або апеляційної інстанції норм матеріального чи процесуального права і не може встановлювати або (and) вважати доведеними обставини, що не були встановлені в рішенні чи відкинуті ним, decide on the authenticity of or failure to prove evidence of a, evidence of the superiority of one over the other. Частиною першою та другою articles 263 GIC Ukraine provided, that the judgment should be based on the rule of law, be lawful and reasonable. After reviewing the arguments of the appeal and the case file, panel of judges concluded that there were no grounds for the cassation appeal. Reasons, which comes from the Supreme Court, and applicable law Відповідно до articles 47 Housing Code of the Ukrainian SSR (further – LCD Ukrainian SSR) норма жилої площі встановлюється в розмірі 13,65 quarter. m per person. Dwelling granted to citizens within the norm of living space, but not less than size, determined by the Cabinet of Ministers of Ukraine and the Federation of Trade Unions of Ukraine (частина перша 1 articles 48 LCD Ukrainian SSR). According to paragraph 2 Decision of the Executive Committee of Kyiv City Council Presidium of the Kiev City Council of Trade Unions 30 April 1991 , the number 234 жилі приміщення у м. Kiev to citizens within 13,65 quarter. m of living space, but not more than one room per person and at least, how 9 quarter. m of living space. Рівень середньої забезпеченості громадян у м. Києві жилою площею визначено 9,0 quarter. m. per person. Assuming, secondary level of security of citizens in. Kiev is living space 9, 0 quarter. m per person, а позивач та його дружина отримали квартиру жилою площею 18,79 quarter. m, висновок судів першої та апеляційної інстанції про те, що позивач отримав жиле приміщення в межах норми забезпеченості громадян жилою площею на одну особу є правильним. Providing 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, classified 1, carried out according to the procedure, затвердженого постановою Кабінету Міністрів України від 31 December 1996 , the number 1589 (further – Order). According to paragraph 2 Procedure for additional living space entities, які внаслідок Чорнобильської катастрофи перенесли променеву хворобу будь-якого ступеня або стали інвалідами для одержання додаткової жилої площі повинні перебувати на квартирному обліку для поліпшення житлових умов. Additional living area provided: people, 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 (paragraph 3 Procedure). clause 7 Procedure foreseen, that persons, які мають право на додаткову жилу площу вносяться до відповідного реєстру, living conditions improved primarily citizens, chronic diseases according to the list approved by the Ministry of Health chronic disease, if they can not live in a communal apartment or a room with his family, families, which include Children, that were disabled by the Chernobyl disaster and need special care. So, a condition for receiving additional person living area, classified 1, undergoing radiation sickness any degree or disabled by the Chernobyl disaster, є факт перебування на квартирному обліку для поліпшення житлових умов. establish, that the claimant on the housing register for housing improvement as a person, who suffered from the Chernobyl disaster radiation sickness any degree or become disabled for more living space, is not, courts of first instance and appellate courts have reached a reasonable conclusion about the absence of statutory grounds for satisfaction of claims. The arguments of the appeal does not give ground for, that the courts of first instance and appeal in the consideration of the case correctly applied the substantive law or violations of procedural law, оскільки не містять у собі посилань на обставини чи докази, which refuted the circumstances established by the court, based on a reassessment of the evidence, which were examined and evaluated by the court, переоцінка цих доказів відповідно до articles 400 GIC Ukraine знаходиться поза межами повноважень касаційного суду. Other arguments of the appeal does not contain the reference to the circumstances or evidence, which refuted the circumstances established by the court. Відповідно до частини третьої articles 401 GIC Ukraine суд касаційної інстанції залишає касаційну скаргу без задоволення, a decision unchanged, if there are no grounds for setting aside judgments. In such circumstances,, panel of judges considers it necessary to appeal to leave the complaint, and appealed decisions first and appellate courts – unchanged, arguments because the appeal court's findings do not refute. Керуючись статтями 400, 401, 416 GIC Ukraine, The Supreme Court panel of judges consisting of the Chamber of the Second Civil Court of Cassation ПОСТАНОВИВ : Cassations OSOBA_4 leave unsatisfied. The decision Shevchenko District Court. from Kyiv 09 August 2016 year and the decision of the Appeal Court of Kyiv on 08 December 2016 year to rest. Regulation comes into force from the moment of its adoption, є остаточною та оскарженню не підлягає. Головуючий В. AND. fold Судді Н. ABOUT. Antonenko AT. AND. Журавель AT. M. punch AT. P.Kurylo |
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