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Lawyers help fill local budgets
Meeting of the Chairman of the Dvorichansky district Council Halyna Turbaba and the head of the NGO " Dvorichansky District Rural Communities Fund “Vitaly Babyka. Photo by Liubov Babenko, Dvorichansky District Rural Communities Fund
Meeting of the Chairman of the Dvorichansky district Council Halyna Turbaba and the head of the NGO " Dvorichansky District Rural Communities Fund “Vitaly Babyka.

The rent for the use of premises and land plots of communal ownership is one of the main articles of incomes of budgets of local governments. Therefore, the deficiencies in the documents for communal property, negligently made many years ago, can become a barrier for its transfer to rent, and consequently to replenish local coffers.

In 2015, the Kharkiv regional Council gave the community village, Dvorichansky district, non-residential premises. The building is very attractive to local businesses because its area is about 600 m2 and it is located in the heart of the village of Dvorichna.

However, in various circumstances, mostly of a legal nature, Dvorichansky district Council for a long time failed to carry out the state registration of ownership of the building, which in turn deprived the Council of the opportunity to lease it.

Knowing that one of the strategic directions of activities of NGO "Dvorichansky District Rural Communities Fund" is an expert and legal support of territorial communities, the Chairman of the district Council Halyna Turbaba addressed the Office for a joint search for solutions to this problem.

After reviewing the circumstances of the case and examining the documents, the lawyer of Dvorichansky office of the Network Vitaly Babyka identified barriers against the state registration of property rights, the main of which were:

  • discrepancy between the actual area of the building and the area specified in the title documents;
  • improper execution of copies of the documents confirming transfer of ownership;
  • seizure of part of the building.

Based on this, the lawyer prepared a request to the local Technical Inventory Bureau regarding clarification of the building area taking into account its incompatibility with legal documents and pointed out to the Chairman of the district Council on ways to address the deficiencies in the design documents.

To address the issue of the arrest of the building, the legislator made the appropriate requests for information from the state registries: registry of rights to immovable property and the Unified Registry of prohibitions of alienation of objects of real estate.

After evaluating the information received, Vitaly Babik found that the part of the building was seized, which in 2009 was purchased by a private firm and is not a property of the territorial community, and therefore the seizure of the specified proportion of the building is not an obstacle for the state registration of property rights.

After clarification of all circumstances and deficiencies, the lawyer prepared a package of documents, which, together with the appropriate application submitted to the State Registrar.

This time the State Registrar had no grounds for refusal of registration, and the district Council as a representative of the territorial community of the district received the right to dispose of its property.

P.S. The Legal Development Network offices are created and work with financial support of“Human Rights and Justice” Program Initiative of International Renaissance Foundation.  Read more about activity of Community Law Center network, basics and principles of work on Legal Space.

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

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