On an Accessibility of the Procedure for Assessing Accident Rate of a House for Residential Premises Owners

The article examines the socio-economic justification for the legally established requirement for owners of residential premises to provide a specialized organization's assessment report on the house to an interdepartmental commission in order to initiate the assessment procedure. It analyzes approaches to judicial practice in resolving disputes on imposing such a burden on citizens in situations where the disputed house is excluded from the capital repairs program due to a high percentage of physical deterioration; the local government is the owner of an apartment in an apartment building; the house is included in the consolidated list of objects (residential premises) located within the boundaries of the emergency zone; the basis for considering the issue of the emergency status of the house is the conclusion of the state housing supervision body. It is noted that if the first two circumstances follow from the systemic interpretation of regulatory and legal provisions, the latter follow from the direct requirement of regulatory and legal acts, which, however, is not always taken into account by interdepartmental commissions. It is noted that the emerging judicial practice is based on the priority of imposing the duty under study on public bodies, which is predetermined by their public functions, as well as the need to minimize citizens' financial costs in cases where this can be avoided. Proposals are formulated for assessing the political and legal reasons that form the basis for emerging approaches to resolving the disputes identified. The need to adjust by-laws is substantiated, including in terms of establishing information about its exclusion from the regional program for major repairs due to a high degree of depreciation as an independent basis for assessing a house.