It is established by inspections carried out by bodies of prosecutor's office that in area continue to take place of the violation of the law directed on protection of the housing rights of minors, especially in the course of the conclusion of agreements on alienation of apartments and structures where there is a share of minors.
As the senior assistant prosecutor of area Olga Kolos, in defiance of requirements of Art. 18 of the Law of Ukraine "Reported about child care", Art. 177 of the Family code of Ukraine of the agreement concerning housing of children quite often consist without consent of bodies of guardianship and guardianship. When giving such consent by bodies of guardianship inspections of a condition of the maintenance of children aren't always carried out, the valid reasons of sale by parents of housing, intention on acquisition of new housing don't become clear. Owing to illegal actions of parents, trustees, officials of executive authorities cases when teenagers lose housing are allowed, get to shelters, become beggars.
So, area prosecutor's office during carrying out check according to the address of the adviser Upolnomochenny of the Verkhovna Rada on human rights about violation of the housing rights of the minor To. it is established that the teenager was registered in the apartment No. 42 on Mira Avenue, 72 in Nikolaev which belonged as a private property of his mother. For commission of crime in February, 2007 it was arrested and placed in the Nikolaev pre-trial detention center. At the time of arrest of mother, with the child there was a father who transferred the son to education of the mother, i.e. the grandmother of the minor living in the Ternopol area. Further he was arrested and deprived of freedom. The service for children of the Nikolaev city council possessed specified information, nevertheless, measures for statement of the child on primary account, to fixing of housing to it weren't in due time undertaken. All this in a certain degree promoted illegal realization of the specified apartment by Lenin department of the public executive service without receiving a consent of body of guardianship and guardianship. For this time in production of Lenin district court of.Nikolaev there is a claim about recognition of the contract of purchase and sale of the above-mentioned apartment invalid in which consideration the prosecutor takes part.
Control over observance of the rights of children in case of granting a consent to housing alienation demands improvement. So, by the prosecutor of the Central district of Nikolaev it is established that the service for children of administration of the Central district prepared 112 written coordination on the conclusion of agreements with real estate on behalf of minors. Nevertheless, the question of observance of the rights of children after the conclusion of such agreements properly isn't controlled, examination of new conditions of accommodation of children isn't conducted. Employees of service are limited only to copies of the concluded agreements on acquisition of the new housing, provided by parents. At the same time, only for the current year documents of title on housing aren't provided concerning 12 minors.
Practice of non-compliance with requirements of Art. 71 of the Housing code of Ukraine concerning preservation of premises for minors who are arranged on education in child care facilities, to relatives, trustees is widespread.
So, by the prosecutor of the Novobugsky area it is established that in January, 2008 guardianship over the minor Z is appointed. thus the decision on fixing behind it of a house in which the child lived with parents, wasn't accepted by Volnozaporozhsky village council in this connection the prosecutor of the area brought the instruction with requirements of elimination of violations of the law.
Owing to rejection of measures for fixing of living space to minor P. which according to the decision of the Nikolaev district court were selected at parents and are defined in the public child care facilities, privatization by foreign persons of the apartment in which children lived together with parents earlier took place.
In an inadequate way in area requirements of Art. 46 of the Housing code of Ukraine for provision of housing are fulfilled. Checks showed that providing in living space of children - orphans and the children deprived of parental guardianship, after return from trustees (trustees), the end of residential establishments, technical training college or higher educational institutions doesn't happen almost. In area absent well-planned social housing.
Identification and taking measures to elimination of violations of the rights and interests of minors also will remain further one of priority activities of bodies of prosecutor's office of area.