Responsibility for illegal alterations to flats tightened. According to the amendments to the Penal Code, for redevelopment, as a result of which is complicated by the use of the house or injured the health of others, it is assumed or a fine of up to 4,250 hryvnia or 3 years years in prison. In the case of material damage in a large scale or in the presence of human lives, the responsibility is strengthened. Jail to 12 years. Victoria Boiko for the site UBR.UA apartment - is private property. Therefore, it is possible to do anything. But only within what is permitted by law. So decided deputies and increased liability for illegal alterations to premises. The first thing they did - it is define the crime. "Composition of the wider criminal offense. It's not just the concept of redevelopment, as we are accustomed to understand. These are the kinds of work that could lead to the impossibility of operating the building, cause disturbances that prevent the normal functioning of the facilities, as well as causing danger to life and health" - says Margarita Stasevich, a lawyer in the department of real estate law firm. Possible and impossible of possible violations are divided into two groups. The first attributed the works which are in an apartment can be done. Allowed: to increase the area of ??the bathroom by combining the bathroom and toilet, as well as the accession of the corridor, to expand the area of ??living rooms through the corridors to organize a kitchen-dining room, making openings in walls that are not carriers, demolish stoves and fireplaces, attics and storage rooms clean for increase the living space; Glass Balcony and loggia. Those who made such alterations without permission will be required to pay a penalty - a maximum of 50 minimum tax-free - to get permission and to legitimize the new form. Strictly prohibited: to increase the area of ??the toilets at the expense of premises, or change their location; violate the integrity of load-bearing structures; conduct dismantling balcony blocks apart outer walls to join the room and balcony, move onto balconies radiators; dismantle floors, combine flat vertical; remove acoustic insulating ground floor; dismantle vents and ducts, install air-conditioners and satellite dishes on facades of buildings facing the street, build an extension to the apartments, bred on the ground floors of apartment buildings. Crime and Punishment If you have already performed the work of this ban list - the punishment will be harsh. Extent of the damage is not tied to the usual size of non-taxable minimum incomes of citizens, as to the size of tax social benefits. So further defined the new Tax Code. "If the crime involves qualifications, with reference to nenalogooblagaemy minimum incomes, then to such a minimum equivalent of one half the minimum wage - the minimum ZP, which is determined annually by the state budget. 50% of the ZP and the minimum would be a tax break. At present, the minimum size is. n sostvlyaet 941 hryvnia. 50% of this amount is 470 UAH 50 kopeks. This is the amount taken for the calculation of damages under the Criminal Code. This size is more than 300 times nenalogooblagaemy minimum incomes. To attract a person criminally responsible for the implementation of redevelopment, for violation of tselostnoti apartment, you need to present a causal link between the misconduct and the damage that occurred to neighbors or complete property complex of the corresponding object in the sum of 141,150 USD. Ie, that the damage was considered application, the amount must be of today 141 000 150 hryvnia, "- explains in detail Vitaly Serdyuk, director of the Department of Criminal Bar Association. With specific regard to penalties for violations, then their sizes will be calculated starting from the still non-taxable minimum. During the redevelopment, which complicated the use of the building to its neighbors, threatens a fine of 100 to 250 untaxed minimums. If you hurt someone from the people of the redevelopment - faces three years in prison. For repeated violation, and very large losses, a term of imprisonment may increase up to 8 years. All of these penalties will apply from the date of commencement of the Act, as there is a known principle - the law is not retroactive. But if changes to the technical characteristics of the room were committed before the law enters into force, it must be proved. "There is an examination. But its findings can be confirmed during changes in the characteristics of the object. If the object was changed prior to publication of the law, then worry about the responsibility for these items is not worth it. There is only one but - if after entry into force of Law no untoward incident occurred (for example, someone has been harmed because of such redevelopment), "- stressed Vitaly Serdyuk. Lifetime risk Thus, if the negative consequences of the alterations, made before the law occurring after the entry into force, criminal liability can not be avoided. Investigating authorities simply will have to prove a causal relationship. For example, that the transfer of air two years ago today destroyed air conditioning system in the neighboring apartments. Conduct such evidentiary work hard. But it is possible. "There is such a thing as odnoraktnye offense - the action happens and then we see the consequences. But the construction is very difficult to establish that these were one-act actions and consequences. It is often lengthy offense, stretched in time. We have the action and only after some We are now seeing the consequences. There's a reason there is a consequence and a cause-effect relationship. To establish this relationship, it may take quite a long time. If such a link is established, it is proved that the offense was long and its effects take place today, that's when you can use innovation law and to prosecute under the new rules, "- says Margarita Stasevich. Under the new law, the responsibility and the updated penalties may also write for the air conditioner, TV antenna and gazebo. All will depend on the zeal of the auditors. "If you look at the situation on air conditioners, innovations in the Criminal Code are not applicable. Unless, of course, there was no breakage. No damage - and there is no danger to life and health of persons. As a general rule, for the installation of air conditioning in the wrong place, will be an administrative responsibility. can be written prescription, the receipt for payment of administrative fine. The order may be prescribed an obligation either to stop going redevelopment, to return everything to the pristine form, or expect to obtain the necessary approvals. Comes with inspections can each month. And this raises an interesting point. On the one hand under the provisions of the Constitution, the same person for the same action can not be held accountable more than once. But, for example, you ordered the air conditioning off, and you ignore. This is obtained by a continuing offense. Where the prescribed actions were not implemented when the check comes 2 times, it once again establishes the fact of the same offense. But he was already qualify as new. Because it is found in the new time. And again, will be discharged and a fine, and prescription. If you consider the repeated action, the amount of the fine may increase ", - says Margarita Stasevich.
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