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Now soldier legally owns his house

Lawyers of Law Community Center at Chuhuiv human rights group helped the serviceman who returned from the anti-terrorist operation zone remove persons who did not live in his dwelling from registration.

Andrey is an ATO combatant who returned to native Chuhuiv after performance of military duties on protection of territorial integrity and independence of Ukraine in the territory of Luhansk region as a part of the 92th separate mechanized crew. After coming back home Andrey understood that he himself needed help from the state.

To protect his property right he addressed the Law Community Center at Chuhuiv human rights. He learned about its activity from the fellow soldier who earlier had also addressed human rights activists for the professional advice.

At first Andrey told story about the severe military everyday life, lost fellow soldiers, expectation of the end of military operations, returning home. And then how he found out at home that relatives of the former owners of the house who actually did not live there had been registered in his house. However, the amount of utility payment was calculated proceeding from the number of the persons registered at the certain address, therefore Andrey received bills with huge amounts.

Certainly, those persons did not share the burden of the utility payment and never participated in the improvement of a condition of the house. Andrey had to independently keep the house in proper condition. Therefore, he as the owner of the house couldn't exercise fully the right established by the Constitution of Ukraine to the ownership and usage of the property.

Having attentively listened to the visitor, the lawyer, ChHRG head Roman Likhachov provided professional consultation to him.

The human rights activist noted that as the registered persons actually did not live in the house (as it was established - over 11 years), did not pay utilities, did not incur other expenses on the maintenance of the house, they had to be recognized as those who had lost the right to the usage of Andrey’s house.

To remove the registered persons from registration according to Art. 7 of the Law of Ukraine "About freedom of movement and free choice of residence" it is necessary to receive judgment about deprivation of such persons of the right to the usage of the housing premises.

Lawyers of ChHRG prepared the corresponding claim to Chuhuiv city court of Kharkiv region. Roman Likhachov successfully presented interests of the claimant in court.

*The name of the person featured in publication is changed for ethical reasons.

P.S. Community Law Centers are created and work in the framework of the "Legal aid to the poor and vulnerable groups” Initiative with the financial support of the “Human Rights and Justice” Program Initiative of the International Renaissance Foundation. Read more about activity of Community Law Center network, basics and principles of work on the website "LegalSpace".

The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.

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