Will allow you to hack the apartment to the debtors?

Debtors in a communal apartment will begin forcibly disconnect from the service. Moreover, the door closed and the locks will soon not be an obstacle: the utilities want to give carte Blanche. Broken doors or broken Windows will now be regarded as “unauthorized access” to the property of debtors. Such prospects looming for Ukrainian lawmakers. Focus found out the amount of debt for utility services that will serve as the basis for the burglary of the apartment

Разрешат ли взламывать квартиры должникам?

I crack the door, not only because of the accident, but also because of debts

A group of deputies proposed a number of amendments in various laws and in particular the “About zhilishchno-utilities”. Bill No. 2458 received the approval of the relevant Committee on energy and utilities. But among the amendments is one which has already become scandalous, the one that allows utilities unauthorized access to the housing of the debtor.

“This procedure worked and to this bill, but only in urgent cases related to the necessity of saving the life and health of people and/or property. If there is a risk of accident or to its liquidation. But now the article of the law propose to add the words “and for the limitation (termination) of the public services” that violates the Constitution guaranteed the inviolability of the home,” says Focus Andriy Nikonchuk, an expert on housing.

Before this amendment in the bill, the utility was able and disabled debtors. According to Oleg Popenko, head of the Committee utilities, landscaping, ecology and environmental protection in the public Council at the KSCA, the gasman in the presence of debt more than 1-2 months, or a certain amount, independently penetrate into the courts and shut off the gas. If we talk about the amount of debt, then all it separate, for electricity providers and monthly debt enough to disconnect the apartment from the network, and Hoo often expect that the amount was at least 3000-4000 UAH, and only then “cut wires”.

According to experts, today even the police don’t have as much rights on the entry into a dwelling, some want to “reward” public utilities. Moreover, the ceremony with the entrance door and clearly no one will break down, even with an axe, and to pay for the repair, of course, will not.

Axe vs gun

“On the one hand, to violate the right to private property is absurd. On the other – failure to pay the bills, perhaps very soon will lead to the disabling of entire buildings from services. And the question of what to do with the debtors, will fall very sharply. I would expect big problems, in cases when the debtor is in the room and trying to defend themselves from those who came disconnected from service for nonpayment. In our country the question still lies in a legal vacuum,” says Trick Alexei Tikhonov, Advisor to the Deputy mayor of Kiev, the expert in the field of landscaping and IHC.

Expert concerns are not groundless. In early November, in the Svyatoshinsky district of Kiev, a man used firearms against neighbors. Defaulting tenant had debts for heat and electricity and spontaneously connected to the grid. When the tenants and the management of condominiums came to him with the claim and tried to disable the debtor from communication with a man twice fired a gun in the leg neighbor.

And here arises a reasonable question – and what then to do with debtors and how to deal with unscrupulous tenants?

“The struggle with debtors must pass through a system of fines and penalties. For today the penalty for non-payment of utility services is 3.6% per annum, higher inflation and interest rates on deposits in the Bank. Ie, the debtor may keep money on Deposit at 15% and a year to quietly pay the difference, and even with profit. It is therefore necessary that the penalty was at least 36% per annum, but touched both sides as a consumer and provider of services,” said Oleg Popenko, head of the Committee utilities, landscaping, ecology and environmental protection in the public Council at the KSCA.

All the experts agree that the procedure is “unauthorized access” to housing should be clearly spelled out in the bylaws. Everything should begin with a claim against the debtor, then the court and only after the court decision might occur, the utility with the “axes”.

Who is the author of this controversial edits is unknown. Moreover, the annotations in the bill there is, and none of the deputies did not dare to take responsibility for this initiative.

“This correction was needed in the first place the monopoly. The amount of debt of the population of Ukraine is today more than 60 billion hryvnia, and, characteristically, she did not fall. To solve the issue of the debt through the court system very difficult and long time. So they decided to go a different, more simple way,” – said Oleg Popenko.

But before you make such changes, it is necessary to simultaneously make changes to dozens of laws and regulations. Indeed, in many European countries access to representatives of providers of public services should be provided mandatory, but it’s certainly not spelled out in the current Ukrainian laws.