The Formation of the Legislation of Ukraine on the Right of Common Joint Property in Apartment Houses

Abstract

The issue of common joint property in apartment houses in Ukraine was studied by such domestic scientists as M. Haliantych, G. Kovalenko, V. Brygilevych and others. At the same time, there was no analysis in scientific publications concerning the formation of the legislation of Ukraine on the right of common joint property in apartment houses. The author worked out and disclosed the legal framework concerning the theoretically substantiated issues of common joint property in apartment houses of the Ukrainian SSR and independent Ukraine. The attention is paid to housing cooperatives as a prerequisite for the emergence of common joint property in apartment houses. The circle of economic entities that may be authorized by owners of the house to manage common joint property of the apartment house is highlighted. The circle of rights and responsibilities of co-owners of the apartment house concerning the establishment of the association, the procedure for managing of the common property of the house is brought. The attention is focused on the exercise of voting right at meetings of co-owners. Both the inaccuracies of the wording of the law and its some aspects of improvement in common joint property in apartment houses institution formation process in Ukraine are outlined. In accordance with the set goal and objectives in this article the author used the following general scientific and special methods, in particular: generalization method; historical one; technical one; method of analysis. The author achieved this goal and for the first time co-owners rights expansion stages and the stages of formation of legislation on common joint property in apartment houses of Ukraine were formed and elucidated. The author continues to carry out further intelligence of the affected issue within the framework of scientific research.