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Clarification of the conditions for preserving the right to privatize residential premises

06.11.2024

Law-in-draft that clarifies the conditions for preserving the right to privatize residential premises was considered by deputies in the course of the plenary session, the in the first reading. This legislative initiative was submitted to the Parliament by the Prosecutor of the Pridnestrovian Moldavian Republic. It is proposed to amend the law "On the privatization of the state (municipal) housing stock".

The author of the law-in-draft explained that the reason for its development was an appeal by a resident of the capital to the Tiraspol City Prosecutor's Office. She said in her appeal that the capital's state administration refused to privatize her residential premises. It turned out after conducting an inspection that the applicant, being a minor, had already participated in the privatization of residential premises. However, she did not become the owner of this premises ultimately. She applied to the state administration for the privatization of another residential property and was refused after reaching the age of majority several years later.

Minors who became owners of residential property through privatization, after reaching the age of majority retain the right to a one-time free privatization of the residential property, according to the current provisions of the law. However, the rights of minors who ultimately did not become owners of residential property are not stipulated in the relevant law. Therefore, such citizens cannot claim free privatization.

The prosecutor of the Pridnestrovian Moldavian Republic proposed to eliminate the legal gap and set out the relevant provision of the law "On the privatization of the state (municipal) housing stock" in a new edition. Thus, the relevant law proposes to prescribe that minors who received ownership, including joint ownership, of residential property or a single-apartment residential building through privatization, after reaching the age of majority, will retain the right to a one-time free privatization of another residential property or a single-apartment residential building of the state and municipal housing stock. The relevant law proposes to clarify the category of citizens who did not participate in privatization. In the version of the law-in-draft this category includes citizens who, as a result of such privatization, did not acquire the right of common ownership in relation to the privatized residential premises or single-family residential building.

The deputies supported law-in-draft on amendments and additions to the law "On the privatization of the state (municipal) housing stock" in the first reading. Work on the draft law will continue in the relevant parliamentary Committee on Regional Policy, Local Government and Housing and Public Utilities.

The parliamentarians supported at the plenary session in the second final reading the law-in-draft, which will empower the state administrations of cities and districts to maintain a register of mismanaged non-residential buildings and premises on their territories. The relevant provisions were enshrined in the law "On local authorities, local government and state administration in the Pridnestrovian Moldavian Republic".

The adoption of the law-in-draft, developed by the deputies of the Committee on Regional Policy, Local Government and Housing and Public Utilities, was the first step in solving the problem of so-called "abandoned buildings". A special commission (working group) was created earlier in the Supreme Council to solve this problem. The main goal of its work is to force owners of neglected real estate objects to bring them into proper condition.

There will be registers in the cities and districts of the republic in which neglected non-residential buildings and premises will be entered by type of ownership. Thus, the register will include retail, catering and consumer services facilities, detached buildings and structures, as well as complexes of buildings and structures, unfinished construction projects, non-residential premises of residential buildings and other objects that are not residential units.

Such a register will include the address, name of the object and data on the owner, as well as the grounds for acquiring ownership, information on the presence or absence of data from the unified state register of rights to real estate and transactions with it, information on the presence of restrictions or encumbrances. The detailed procedure for maintaining the register will be determined by the Government of the Pridnestrovian Moldavian Republic.

Such registers will be public, according to the authors. They will be posted on the official websites of state administrations, where everyone can get acquainted with them. The new measures will come into force on the 1st of January, 2025.