It's no secret that the existing legal framework does not allow citizens
Ukraine to fully implement under Article 47 of the Constitution
Ukraine's right to housing , its effective maintenance and preservation . Moreover,
current legislation does not provide quality and efficient
mechanism to protect the rights and interests of investors in investing in
housing. Not so long ago subsided scandals defrauded investors
"Elita -Center " and other unscrupulous developers ...

However, blame the lawmakers in the absence of any shift is not necessary.
Over the past few months in the Supreme Council of Ukraine were registered
Several projects of regulations in this area. First of all
noted the draft Law of Ukraine "On Amendments to Some Legislative
Acts of Ukraine (on improvement of state regulation
in the field of housing and to prevent fraud, similar to the situation
with "Elite-Center") N 2244 of 19 March 2008, sponsored by the
MP Semynoha AI provisions of this bill is proposed
number of substantive changes to the Law of Ukraine "On the financial and credit
Mechanisms and management of property in housing construction and operations
real estate. "In particular, these changes fund manager
construction financing (CFF) is forbidden to raise funds to get
developer a building permit. Article 14 amended
Law of Ukraine "On the financial and credit mechanisms and management of property
in housing construction and real estate transactions, "provides that
natural or legal persons are trustees after the transfer of the FSF
fund management control FSF and the conclusion with the last contract
participation in FFS. The bill complements the above article situation, according to
who participate in the FFS contract is concluded after the state
registration. In addition, the prerequisite of a contract between
Managing the FSF and the developer is the fact that the builder of the contract binding
liability insurance to depositors during the CFF construction
works from the period of construction disruption risks and the moral and material
damage caused by faulty construction works. Bill
also proposes to amend Part 3 of Article 14 of the above
Act. Under the proposed amendments, proposed to establish that any
Calculations of clients with managing the FSF be made exclusively through
bank payment systems. Also, the system must be functioning FFS
provide for early termination of property management
initiated by the principal, not only in reducing the amount of the confirmed
order to build, but if there is any obvious reason to believe
that construction time will be broken. The bill provides for mandatory
Licensing of housing finance for
through the use of private funds raised, directly or indirectly
from individuals or legal entities, including management. According to part
1, No. 2 of the bill, and proposes to amend Article 8 of the Act
Ukraine "On Advertising" in accordance with the distribution of which is prohibited
advertising of housing without any information on all subjects -
participants in the construction and availability of appropriate permits,
as well as the diversion of land for building. In light of this guidance
order in the field of investment in housing should be mentioned
Draft Resolution of the Supreme Soviet of Ukraine "On creation of the temporary investigative
Commission of the Supreme Council of Ukraine to find out why setting unreasonably
High housing prices in Kiev and other cities of Ukraine, as well as failure to
developers contractual obligations to invest in housing "
N 2087, submitted by the February 18, 2008 the People's Deputies
Ukraine Bilozir OV, Vashchuk KT, Konovalyuk VI, etc. According to the draft
regulations, a temporary commission of inquiry must not only find out
circumstances establishing the Ukraine clearly inflated housing prices and the violation
builders terms of investment contracts, but the reasons of inactivity
officials of state agencies and local governments,
and to develop and submit to the Supreme Council of the proposal
on the improvement of legislation to create an effective mechanism
regulation of relations in the housing market, the proper execution of the terms of investment
treaties, a mechanism to protect the interests of investors - the citizens of Ukraine. Presence
these draft regulations indicate the positive dynamics of the process
improvement of such "imperfect" spheres of relations. Hopefully,
that the above projects will remain in the field of attention of the legislator and transformed
to existing regulatory acts, capable of restoring confidence to invest
in residential construction.

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