Глава 3.15. Особливості розгляду та виконання рішень судів про знесення самовільно збудованої нерухомості

Abstract

The authors have analysed laws and regulations containing the requirements for the construction of permanent installations. Thereby, the concepts and signs of self-built structures are studied, particularly land misuse, lack of project documentation, and a sufficient breach of building norms and regulations.Special attention is paid to the conditions for the demolition of self-built objects and the nuances of the judicial review of the cases. The scope of persons participating in the case has been clarified. Therewith, the authors have reviewed the practice of the European Court regarding self-build constructions. There have been concluded that there is a legal uncertainty in the procedure and regulations for the demolition of self-built real estate at the stage of execution of the court decision by the executive bodies. The main stages of executive proceedings on executing the court decisions regarding spontaneous construction have been considered, as well as controversial issues of enforcing a court decision regarding a self-built object used by a debtor as a residence when the debtor does not have other accommodation.The current legislation on the execution of court decisions is queried. Having regard to the specific nature of the court' s decision execution when a debtor is legally required to demolish a self-built real estate, it is mandatory to provide specific legal provisions as to the content and procedure of the enforcement process in such cases. It has been asserted that if the state budget has no expenditure item to finance the costs for carrying out executive actions, practical challenges arise while implementing the court decisions on such cases.The authors have justified the need to amend the laws and requirements regulating the procedure of the court decisions execution, in particular, in the Civil Procedure Code of Ukraine; to provide a special rule that would oblige the court when considering cases of demolition of self-built real estate used as the only place of residence by a debtor, to decide on the issue of providing the debtor with other accommodation.