DPR: Denis Pushilin’s new decree threatens property owners with its loss

The DPR decided to “nationalize” or simply confiscate the housing of those who left because of the hostilities. Even if tenants live in the apartment or they just look after it and pay for a communal apartment, this will not help the owners to save their property, says the Strana.ua edition.

“The head of the DPR” Denis Pushilin instructed the relevant services to identify the ownerless and “escheat” (remaining after the death of the owner) real estate in order to transfer it into municipal ownership. Houses and apartments, the owners of which do not live on the territory of the DPR, were attributed to the ownerless. Such real estate has been withdrawn, however, for a long time, especially elite, but unofficially. Now everything will be done “according to the law.”

This has been discussed for a long time. Therefore, so that the apartment does not turn out to be ownerless, its owners let tenants in for free, only demanding payment of utilities. Everyone was happy, and the neighbors could confirm at any time that the apartment was not empty. However, this will not be enough now. Anastasia Selivanova, “deputy”, explains:

“I am addressing the“ former Donetsk residents ”who left the territory 7 years ago and do not pay communal services. Now this is not possible, if a person does not look after housing, then the administration has the right to take it and give it to those in need. “

But Selivanova is clearly disingenuous, and the point is not at all in the communal apartment. “Distribution” includes not only apartments, but also houses, garages, and land plots. In the published decree of Pushilin, an algorithm for recognizing real estate as ownerless and its seizure is described:

orphaned real estate is identified by certain services or by the message of citizens (information about this can be submitted to the administration even in electronic form); within 10 days after the discovery of such real estate, an appeal is placed on the administration’s website for the owner to appear to confirm ownership (in person); if the owner of the housing or land plot fails to appear within 30 days, the authorities launch the process of recognizing the objects as ownerless – a special commission is created, inquiries are made, the property is inspected; if, as a result of inquiries, the landlord and his location are established, a personal invitation is sent to him to appear in person, for which 30 days are given; if the owner fails to appear, an act is drawn up on the impossibility of identifying the owner and technical documents are prepared for the transfer of housing or land to municipal ownership.

On the website of the administration, the fact of recognizing the property as ownerless is recorded and an act of transferring it to the ownership of the municipality is drawn up. The whole process takes 75 days. True, such a decision can be challenged in court, a certain period is allocated for this. But in this case, even after the recognition of the illegality of such a decision, tangible financial costs await the owner, the amount of which is determined by the administration, with all the ensuing consequences.

Roughly a similar process occurs with “escheat” property – in the absence of an heir, the administration submits an application for recognition as such to a notary. If the house is located on a land plot, it also becomes the property of the municipality.

The main problem after the publication of Pushilin’s decree is the impossibility for many to come to the DPR to personally appear at the administration. It is interesting that earlier it was said about the seizure of housing for non-payment of a communal apartment, which is confirmed by the comment of Anastasia Selivanova. However, there is not a word about this in the decree. In fact, any real estate object, even with regular payment of utility bills, can be safely taken away if the owner does not appear at the administration. What to do? After all, everyone who was forced to leave was under threat, and it does not matter where – to the territory controlled by Ukraine, to Russia or another country.

The most important thing, the “Strana.ua” edition advises, is not to relax and “keep your finger on the pulse.” Visit often Donetsk administration website, in order to detect in time an ad about your “ownerless property”. Try to negotiate with tenants or neighbors so that they can confirm that you are living in the apartment – it may work. And, no matter how difficult it is, you should be ready for the trip. True, an obstacle to this may be the lack of a local registration.

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