Chapter 1. Observing social rights
However, in practice, utility providers continue to provide social security authorities with information on
the consumers’ debts for utility services irrespective of their statute of limitations.
In the course of consideration of citizens’ appeals, the Commissioner identified the lack of contracts
between the providers of housing and utility services and units of JSC “Oshchadbank” regarding the
transfer of housing subsidies in non-cash form and bank fees, which made it impossible for individuals
to receive subsidies to pay for housing and utility services and to pay for utility costs in the houses where
the associations of co-owners of a multi-apartment building were established.
This is due to the fact that in accordance with the provisions of the Regulation on the procedure for the
allocation of housing subsidies, which were effective from 01.01.2019 to 01.05.2019, the obligation to
pay the fee to the JSC “Oshchadbank” was put on providers of housing and utility services, and it caused
them to refuse to conclude the respective contracts. The problem was resolved after the Resolution of the
Cabinet of Ministers of Ukraine # 373 of 17 April 2019 “Certain Issues of Housing Subsidies and Benefits for
the Payment of Housing and Utility Services, the Purchase of Solid Fuel and Liquefied Gas” amended the
Regulation on the procedure for the allocation of housing subsidies. Specifically, it established that since
1 May 2019, the JSC “Oshchadbank” collects a fee from the amount of subsidies accrued while transferring
funds from the account for payment of housing subsidies to the accounts of service providers.
Although the Government is able to promptly address systemic issues in granting subsidies, the
provisions of the Regulations on the procedure for the allocation of housing subsidies have adverse
consequences for citizens in exercising their right to receive a housing subsidy. It is particularly true with
regard to:
•
non-awarding of a housing subsidy in the absence of personal data of household members or their
family members in the declaration, although an applicant may find it difficult to access personal data
of household members and/or family members;
•
inclusion in the household of all persons registered in the house/apartment, as well as taking into
account – when assigning housing subsidy – the income of family members of the household
while these family members have the actual place of residence different from the address of the
household. The implementation of the above approaches does not take into account the definition
of the concept of household, which is given in Article 1 of the Law of Ukraine “On the All-Ukrainian
Population Census” #2058-III of 19 October 2000. Specifically, a household is a group of persons
living together in one house/apartment or part thereof, providing themselves with everything they
need for a living, run a joint economy, fully or partially pool and spend money;
•
unsettled issue of granting housing subsidy to foreigners and stateless persons who legally stay on
the territory of Ukraine but do not have a passport of a citizen of Ukraine and the tax ID. Amendments
should be made to the approved templates of the application and declaration for receiving a
housing subsidy. Specifically, the applicants should be entitled to entering their passport data and
data according to which their records are kept by the State Fiscal Service of Ukraine;
31
CHAPTER 1
A significant achievement is the fact that the Resolution of the Cabinet of Ministers of Ukraine # 878
of 20 October 20 “On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine # 848 of
21 October 1995 and # 1156 of 27 July 1998” amended the Regulation on the procedure for awarding
housing subsidies, which make it possible to disregard the arrears of payment of housing and utility
services which have lapsed when determining the right to a housing subsidy.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents