In the case on the constitutionality of the transfer of dormitories to the ownership of territorial hromadas, the Court proceeded to an in-camera part of the plenary session for a decision
On April 21, 2021, the Second Senate of the Constitutional Court of Ukraine at the public part of the plenary session in the form of written proceedings considered the case upon the constitutional complaint of Private Joint-Stock Company "Chernihivoblbud" on the compliance of the provisions of subparagraph “b” of Article 14.3.1 of the Law of Ukraine “On Ensuring the Realisation of Housing Rights of Dormitory Residents” of September 4, 2008 № 500–VI (hereinafter - the Law) with the Constitution of Ukraine (constitutionality).
At the plenary session, Judge-Rapporteur in the case Volodymyr Moisyk informed that the Private Joint-Stock Company "Chernihivoblbud" (hereinafter - the Company) appealed to the Constitutional Court of Ukraine in order to review the constitutionality of the disputed provisions of the Law, which stipulate that dormitories included in the authorised capital of companies are transferred to the ownership of territorial hromadas without the consent of the dormitory owner by a court decision.
According to the complainant, the disputed provision of the Law does not comply with parts one to five of Article 41 of the Constitution of Ukraine, as it allows for the compulsory alienation of private property, namely, the transfer to communal ownership of dormitories included in the authorised capital of companies, by court decision without the consent of their owner.
The applicant also points out that the courts' application of the provisions of the Law, on the basis of which the dormitory included in the Company's authorised capital was forcibly transferred to the territorial hromada without compensation, violated his right to prior and full reimbursement.
Volodymyr Moisyk also noted that in order to ensure a full and objective consideration of the case, the Court sent inquiries to public authorities, higher education and research institutions and informed about the content of the responses received.
In addition, in the aspect of the issue raised by the Company in the complaint, the Judge-Rapporteur drew attention to the change of approaches of the legislator to the regulation of methods of ownership transfer of dormitories included in the authorised capital of companies to the ownership of territorial hromadas.
After examining the case file in the public part of the plenary session, the Court proceeded to the in-camera part for a decision.
The plenary session was attended by the Representative of the President of Ukraine to the Constitutional Court of Ukraine Fedir Venislavskyi.
The public part of the plenary session is available at the following link: archive of video broadcasts of the meetings.
