Housing Law
In accordance with the Housing Code of Ukraine:
Article 1. The Right of Ukrainian Citizens to Housing
In accordance with the Constitution of Ukraine, citizens have the right to housing. This right is ensured through the development and preservation of the housing stock, support for cooperative and individual housing construction, the equitable allocation under public oversight of residential accommodation provided as programmes for the construction of well-appointed housing are implemented, the provision, at their request, of monetary compensation to categories of citizens specified by law in lieu of the residential premises to which they are entitled, and affordable housing and utility charges.
Article 2. Objectives of the Housing Legislation of Ukraine
The objectives of the housing legislation of Ukraine are to regulate housing relations in order to ensure the right of citizens to housing guaranteed by the Constitution of Ukraine, the proper use and preservation of the housing stock, and the strengthening of legality in the sphere of housing relations.
Article 3. Housing Legislation of Ukraine
Housing relations in Ukraine are governed by the Constitution of Ukraine, this Code and other legislative acts of Ukraine.
Relations concerning housing construction are governed by the relevant legislation of Ukraine.
In accordance with the Law of Ukraine “On Social and Legal Protection of Persons in Respect of Whom the Fact of Deprivation of Personal Liberty as a Result of Armed Aggression against Ukraine Has Been Established, and Members of Their Families”, which establishes the foundations of social and legal protection for persons in respect of whom the fact of deprivation of personal liberty as a result of armed aggression against Ukraine has been established, as well as members of their families:
Article 1. Legislation on the Social and Legal Protection of Persons in Respect of Whom the Fact of Deprivation of Personal Liberty as a Result of Armed Aggression Has Been Established
1. Legislation on the social and legal protection of persons in respect of whom the fact of deprivation of personal liberty as a result of armed aggression has been established is based on the Constitution of Ukraine and comprises this Law, the Laws of Ukraine “On National Security of Ukraine”, “On Defence of Ukraine”, “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine”, “On the Specific Features of State Policy to Ensure the State Sovereignty of Ukraine in the Temporarily Occupied Territories of Donetsk and Luhansk Regions”, “On Social and Legal Protection of Military Personnel and Members of Their Families”, “On the Status of War Veterans and Guarantees of Their Social Protection”, “On the Protection of Childhood”, “On Social Services”, international treaties whose binding nature has been approved by the Verkhovna Rada of Ukraine, and other regulatory legal acts.
2. Where an international treaty of Ukraine that has entered into force in accordance with the established procedure provides for rules different from those stipulated by this Law, the provisions of the relevant international treaty shall apply.
Article 2. Scope of Application of This Law
1. This Law applies to citizens of Ukraine:
1) who have been deprived of their personal liberty by the aggressor state, its authorities, units, formations or other entities in connection with the defence of the state sovereignty, independence, territorial integrity and inviolability of Ukraine as a result of armed aggression against Ukraine, who belong to the security and defence forces of Ukraine and fall within one of the categories of persons defined by the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949 and the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), of 8 June 1977;
2) who are civilians protected by the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 and who have been deprived of their personal liberty as a result of armed aggression against Ukraine by the aggressor state, its authorities, units, formations or other entities while present in the temporarily occupied territories of Ukraine or on the territory of the aggressor state:
a) in connection with activities undertaken by such citizens to express views, values or positions in support of the state sovereignty, territorial integrity and inviolability of Ukraine, its democratic constitutional order and other national interests of Ukraine, as well as in connection with their professional, civic, political or human rights activities aimed at defending the state sovereignty, independence, territorial integrity and inviolability of Ukraine, its democratic constitutional order and other national interests of Ukraine, or protecting the rights and freedoms of persons deprived of their personal liberty because of such activities, where there were grounds to believe that carrying out those activities created a real or potential risk of unlawful persecution of the person by the aggressor state, its authorities, units, formations or other entities;
b) in connection with unlawful actions by the aggressor state, its authorities, units, formations or other entities, undertaken with the overt or covert purpose of compelling Ukraine, another state, a state authority, an organisation, including an international organisation, or legal entities or individuals to take certain actions or refrain from taking actions as a condition for the release of a Ukrainian citizen.
2. This Law applies to foreign nationals and stateless persons who, at the time of their deprivation of personal liberty, were serving in the Armed Forces of Ukraine or other military formations established in accordance with the laws of Ukraine, in accordance with the procedure prescribed by Ukrainian legislation.
3. This Law applies to members of the families of Ukrainian citizens in respect of whom the fact of deprivation of personal liberty as a result of armed aggression against Ukraine has been established in accordance with the procedure prescribed by this Law.
4. This Law does not apply to persons in respect of whom, after 20 February 2014, a conviction by a Ukrainian court or by an international judicial institution whose jurisdiction is recognised by Ukraine became final for crimes against the foundations of Ukraine’s national security, public security, peace, the security of humanity and the international legal order, the inviolability of state borders, or other criminal offences committed in the context of armed conflict in the temporarily occupied territories of Ukraine or connected with armed aggression against Ukraine.
5. For the purposes of this Law, the aggressor state, its authorities, units, formations and other entities mean a state that has occupied part of the territory of Ukraine by any means or that commits aggression against Ukraine and has been recognised, in accordance with the established procedure, as an aggressor state or occupying state; the armed formations of such a state, comprising regular military units and formations and special formations subordinate to the security agencies of the aggressor state; irregular unlawful armed formations, armed groups and mercenary groups established, subordinated, directed and financed by the aggressor state; and the occupation administration of the aggressor state, comprising its state authorities and structures functionally responsible for administering the temporarily occupied territories of Ukraine, together with self-proclaimed bodies controlled by the aggressor state that have usurped the exercise of governmental powers in the temporarily occupied territories of Ukraine.